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Tag Archives: Felon in Possession of Firearm

Criminal Law: Felon in Possession of Firearm-Revocation of Supervised Release-Substantive Reasonableness of Sentence

Defendant pleaded guilty to being a felon in possession of a firearm and was sentenced to 180 months’ imprisonment and three years’ supervised release. Upon resentencing, defendant was sentenced to time served and commenced his supervised release. Defendant’s supervised release ...

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Criminal Law: Felon in Possession of Firearm-Possession in Connection with Another Felony-Sentencing Enhancement

Defendant was sentenced to 20 years’ imprisonment for conspiracy to possess with intent to distribute 5 or more grams of crack cocaine. The Fair Sentencing Act, which was later made retroactive by the First Step Act, increased the threshold for ...

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Criminal Law: Felon in Possession of Firearm-Possession in Connection with Another Felony-Sentencing Enhancement

Defendant appealed from his conviction, following a guilty plea, to being a felon in possession of a firearm. The district court imposed a four-level sentencing enhancement for possession of a firearm in connection with another felony. On appeal, defendant argued ...

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Criminal Law: Felon in Possession of Firearm-Possession in Connection with Another Felony-Sentencing Enhancement

Defendant pleaded guilty to being a felon in possession of a firearm. The presentence investigation report included a four-level sentencing enhancement for possession of a firearm in connection with another felony offense. On appeal, defendant challenged application of the enhancement, ...

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Criminal Law: Felon in Possession of Firearm-Above-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant appealed his above-guidelines sentence entered following his guilty plea to being a felon in possession of a firearm. On appeal, defendant challenged his sentence as an abuse of discretion and as substantively unreasonable. Where the district court properly considered ...

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Criminal Law: Felon in Possession of Firearm-Motion to Suppress Evidence-Reasonable Suspicion for Stop

Defendant appealed from his conviction for being a felon in possession of a firearm, following a conditional guilty plea. On appeal, defendant challenged the denial of his motion to suppress evidence recovered during a stop, arguing that the stop was ...

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Criminal Law: Felon in Possession of Firearm-Increased Base-Offense Level-“Crime of Violence”

Defendant appealed from his sentence imposed following his conviction for being a felon in possession of a firearm, arguing that the district court improperly increased his base-offense level because his prior Missouri conviction for second-degree robbery was not a “crime ...

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Criminal Law: Felon in Possession of Firearm-Increase to Base-Offense Level-Prior “Crime of Violence”

Defendant pleaded guilty to being a felon in possession of a firearm. The district court increased defendant’s base offense level after finding that his prior Arkansas conviction for robbery was a “crime of violence.” Defendant appealed, arguing that his Arkansas ...

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Felon in Possession of Firearm-Sentencing Guidelines Calculation-Attempted Murder of Police Officer

Defendant pleaded guilty to being a felon in possession of a firearm. The district court sentenced defendant to 10 years’ incarceration after hearing testimony that defendant fired at a police officer trying to apprehend him. On appeal, defendant challenged the ...

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Felon in Possession of Firearm-Prior Crimes of Violence-Rejection of Downward Variance

Defendant pleaded guilty to being a felon in possession of a firearm. The district court calculated defendant’s base-offense level and advisory guidelines range after concluding defendant had two prior convictions for a “crime of violence.” The district court rejected defendant’s ...

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