Whether the 7-level sentencing enhancement for the discharge of a weapon applies when the defendant never intended the weapon to discharge

QUESTION PRESENTED L. This Court should grant certiorari because there is a split in the circuits as to the proper application of a 7 level guideline enhancement for the discharge of a weapon when the defendant never intended a gun to discharge. See, United States v. Gordon, 64 F.3d 281, 283 (7th Cir. 1995) (discharge of weapon by security guard cannot support the enhancement because for the enhancement to apply the defendant must have actually intended or desired for the weapon to be discharged, and since “a criminal would have to be suicidal to intend that a guard discharge a firearm during a robbery,” the enhancement cannot apply “where a nonparticipant in the crime discharges a firearm .. . .”). See, also, United States v. Hill, 381 F.3d 560, 561-63 (6th Cir. 2004) (enhancement does not apply absent a showing “that the defendant willfully caused the discharge of the weapon... .”). ii PARTIES Tommy Nelson, Jr. is the Petitioner; he was the defendant-appellant below. The United States of America is the Respondent; it was the plaintiff-appellee below. iii