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Tag Archives: Felon in Possession of Firearm

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

Defendant pleaded guilty to being a felon in possession of a firearm. On appeal, defendant argued that the district court erred in imposing a four-level guidelines sentencing enhancement for possessing a firearm in connection with another felony offense. Where the ...

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Criminal Law: Felon in Possession of Firearm-Suppression of Evidence-Application of Sentencing Enhancement

  Defendant pleaded guilty to being a felon in possession of a firearm. The district court applied a four-level enhancement for defendant’s conviction being in connection with another felony. On appeal, defendant challenged the denial of his suppression more and ...

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Criminal Law: Felon in Possession of Firearm-ACCA Enhancement-Predicate Crime of Violence

  Defendant pleaded guilty to being a felon in possession of a firearm. At sentencing, the district court sentenced defendant to the statutory minimum sentence under the Armed Career Criminal Act. On appeal, defendant challenged the ACCA enhancement. Where defendant’s ...

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Criminal Law: Felon in Possession of Firearm-Substantive Reasonableness of Sentence-Mitigating Factors

Defendant pleaded guilty to being a felon in possession of a firearm. Based on defendant’s extensive criminal history, his recommended sentencing guidelines range was 77 to 96 months; however, the district court varied upward from the guidelines by 12 months. ...

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Criminal Law: Distribution of Marijuana-Pre-Trial Detention-Felon in Possession of a Firearm

Defendant was indicted for conspiracy and possession of marijuana with intent to distribute. The district court overruled the magistrate and ordered defendant detained pre-trial, concluding defendant had not rebutted the presumption for detention, based on the seriousness of defendant’s charges. ...

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Criminal Law: Felon in Possession of Firearm-Suppression of Evidence-Unlawful Stop-and-Frisk

Defendant was indicted for being a felon in possession of a firearm and moved to suppress evidence officers obtained after they stopped and frisked defendant. Defendant argued that police lacked reasonable suspicion that he was committing a crime. The government ...

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Criminal Law: Felon in Possession of Firearm-Use of Firearm to Facilitate Crime-Sentencing Enhancement

Defendant pleaded guilty to being a felon in possession of a firearm after police discovered defendant was harboring a runaway minor. The minor alleged but later recanted that defendant had abused him at gunpoint. The district imposed an upward variance ...

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Criminal Law: Felon in Possession of Firearm-Upward Adjustment of Offense Level-Possession in Connection with Another Felony

Defendant was arrested after police responded to a 911 call reporting a man with a truck breaking windows and waving a gun. Officers stopped defendant, who matched the description from the 911 call; defendant admitted to having a gun in ...

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Criminal: Felon in Possession of Firearm-Armed Career Criminal-Successive Motion to Vacate Sentence

Defendant was convicted of being a felon in possession of a firearm and was sentenced as an armed career criminal. Following the denial of defendant’s first motion to vacate sentence, the Supreme Court ruled that the residual clause of the ...

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

Defendant was convicted of being a felon in possession of firearms and possessing stolen firearms. The district court determined defendant was an armed career criminal but downwardly varied his Guidelines range sentence. After defendant successfully appealed his armed-career-criminal designation, the ...

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Criminal Law: Felon in Possession of Firearm-Attempted Robbery-“Crime of Violence”

Defendant received a 72-month prison sentence for being a felon in possession of a firearm after the district court concluded that defendant’s prior Missouri conviction for attempted first-degree robbery constituted a “crime of violence” that established a higher base level ...

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