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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law: Felon in Possession of a Firearm-Reformed Sentence-Procedural and Substantive Error

Criminal Law: Felon in Possession of a Firearm-Reformed Sentence-Procedural and Substantive Error

 

Defendant was convicted of multiple offenses and was initially sentenced to 420 months’ imprisonment; one of his convictions had the sentence enhanced under the ACCA. In an initial appeal, the court vacated defendant’s sentence after concluding defendant’s predicate conviction did not qualify as a violent felony. On remand, the court refashioned defendant’s sentence. Defendant appealed, alleging procedural and substantive errors.

Where the district court considered all relevant statutory factors, addressed defendant’s questions about the district court’s reasoning for its sentence without objection and ultimately imposed a downward variance from the advisory Guidelines, it did not commit procedural or substantive error in sentencing.

Judgment is affirmed.

U.S. v. Morris (MLW No. 72947/Case No. 17-2979 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of Minnesota, Tunheim, J. (Thomas Harold Shiah and Steven James Wright for appellant) (Andrew Robert Winter for appellee)