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Tag Archives: Felon in Possession of Firearm

Criminal Law: Felon in Possession of Firearm-Upward Variance-Substantively Unreasonable Sentence

Defendant appealed from the judgment of sentence imposed following his guilty plea to two counts of being a felon in possession of a firearm. Defendant argued that the district court imposed a substantively unreasonable sentence because the nature of his ...

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Criminal Law: Felon in Possession of Firearm-Guidelines Range-Prior “Crime of Violence”

Defendant pleaded guilty to being a felon in possession of a firearm. The district court calculated defendant’s base offense level after finding that defendant had at least two prior felony convictions, including an Arkansas conviction for first-degree terroristic threatening. On ...

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Criminal Law: Felon in Possession of Firearm-Plea Agreement-Upward Departure

Defendant pleaded guilty to being a felon in possession of a firearm pursuant to a plea agreement, after defendant shot and killed another individual after he attacked defendant at his home. As part of the agreement, the government declined to ...

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Criminal Law: Felon in Possession of Firearm-Motion to Suppress Evidence-Sentencing Enhancement

In consolidated appeals, defendants appealed their convictions for being a felon in possession of a firearm, challenging the district court’s application of a sentencing enhancement for possession of a firearm in connection with another felony offense. Defendant Tereall Green also ...

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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-ACCA-Sufficiency of Evidence

Defendant appealed from his guilty plea to being a felon in possession of a firearm. The district court sentenced defendant under the ACCA. On appeal, defendant argued that the district court erred in classifying him as an armed career criminal ...

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