Quantcast
Don't Miss

Tag Archives: Felon in Possession of a Firearm

Criminal Law: Felon in Possession of a Firearm-Armed Career Criminal-Calculation of Base-Offense Level

Defendant pleaded guilty to being a felon in possession of a firearm. The district court concluded that defendant qualified as an armed career criminal and calculated a base-offense level of 34 with a criminal history category VI. On appeal, defendant ...

Read More »

Criminal Law: Possession with Intent to Distribute-Felon in Possession of a Firearm-Armed Career Criminal Act

Defendant pleaded guilty to possession with intent to distribute and being a felon in possession of a firearm. Based on prior felony convictions, the district court determined that defendant was subject to an enhanced sentenced under the Armed Career Criminal ...

Read More »

Criminal Law: Felon in Possession of a Firearm-Sentencing Enhancement-Denial of Downward Variance

Defendant pleaded guilty to being a felon in possession of a firearm and ammunition. On appeal, defendant challenged the district court’s application of a two-level enhancement for possession of at least three firearms. Defendant also challenged the denial of a ...

Read More »

Criminal Law: Felon in Possession of a Firearm -Upward Variance-Procedural and Substantive Error

  Defendant pleaded guilty to being a felon in possession of a firearm. On appeal, defendant challenged the district court’s decision to sentence him to 120 months’ imprisonment, an upward variance from the guidelines range of 30 to 37 months. ...

Read More »

Criminal Law: Felon in Possession of a Firearm-Serious Drug Offenses-In Connection with Crime of Violence

Defendant pleaded guilty to being a felon in possession of a firearm. The district court sentenced defendant under the Armed Career Criminal Act, finding that defendant’s prior Arkansas convictions qualified as serious drug offenses. The district court further determined that ...

Read More »

Criminal Law: Felon in Possession of a Firearm-Resentencing-Substantive Reasonableness of Sentence

Defendant’s sentence was previously vacated by the court after it concluded defendant did not qualify as an armed career criminal. On remand, the district court resentenced defendant to 120 months on his conviction. Defendant appealed, challenging the substantive reasonableness of ...

Read More »

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 ...

Read More »

Criminal Law:Felon in Possession of a Firearm-Upward Variation of Sentence-Substantive Unreasonableness

Defendant pleaded guilty to being a felon in possession of a firearm. The district court determined defendant’s advisory guidelines sentencing range at 70 to 87 months’ imprisonment but instead imposed a 99-month sentence. Defendant appealed, challenging his sentence as substantively ...

Read More »