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Tag Archives: Felon in Possession of Firearm

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

Defendant entered a conditional guilty plea to being a felon in possession of a firearm. On appeal, defendant challenged the denial of his motion to suppress, arguing that the search that discovered his firearm was based on police’s mistaken belief ...

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Criminal Law: Distribution of Methamphetamine-Felon in Possession of Firearm-Leadership Role Sentencing Enhancement

Defendant pleaded guilty to conspiracy to distribute and possession with intent to distribute methamphetamine and to being a felon in possession of a firearm. The district court imposed a four-level, leadership-role sentencing enhancement. On appeal, defendant challenged the sentencing enhancement ...

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Criminal Law: Felon in Possession of Firearm-Armed Career Criminal Act-Substantive Reasonableness of Sentence

Defendant appealed from his sentence, imposed following a conditional guilty plea to being a felon in possession of a firearm, after the government filed notice of the applicability of the Armed Career Criminal Act. On appeal, defendant argued that the ...

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Criminal Law: Felon in Possession of Firearm-Admission of Prior Felonies-Prior Conviction Involving Firearm

Defendant was convicted of being a felon in possession of a firearm. On appeal, defendant challenged the district court’s admission of evidence that defendant previously had been convicted of a felony involving a firearm. Where the prior-bad-acts evidence was relevant ...

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Criminal Law: Felon in Possession of Firearm-Armed Career Criminal Act-Violent Felony

Defendant pleaded guilty to being a felon in possession of a firearm. The district court imposed a 15-year statutory minimum sentence under the ACCA, finding that defendant had committed three prior “violent felonies”. On appeal, defendant argued that his 1977 ...

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Criminal Law: Felon in Possession of Firearm-Calculation of Guidelines Range-Crime of Violence

Defendant pleaded guilty to being a felon in possession of a firearm. The district court concluded that defendant had at least two felony convictions for a crime of violence or a controlled substances offense. On appeal, defendant argued that his ...

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Criminal Law: Felon in Possession of Firearm-Armed Career Criminal Act-“Violent Felony”

Defendant pleaded guilty to one count of being a felon in possession of a firearm. In the presentence investigation report, defendant was deemed to be an armed career criminal based on three prior convictions for violent felonies or serious drug ...

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