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Tag Archives: Unlawful Possession of Firearm

Criminal Law: Unlawful Possession of Firearm-ACCA-Finding of Predicate Offenses

Defendant appealed from his mandatory minimum sentence under the ACCA, arguing that the district court violated his Sixth Amendment rights by determining itself that defendant had committed at least three predicate offenses, rather than submitting that determination to the jury. ...

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Criminal Law: Unlawful Possession of Firearm-Within-Guidelines Sentence-Calculation of Guidelines Range

Defendant pleaded guilty to possession of a firearm as a felon. The district court sentenced defendant within the guidelines range, advising that, even if the guidelines calculations were incorrect, it would impose the same sentence based on defendant’s history and ...

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Criminal Law: Unlawful Possession of Firearm-Motion to Correct Sentence-ACCA Enhancement

Defendant appealed the denial of his motion to correct his sentence for unlawful possession of a firearm as a felon. Defendant was subject to a statutory minimum sentence of 15 years under the ACCA for three violent felony convictions. On ...

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Criminal Law: Unlawful Possession of Firearm-Guidelines Range-Calculation of Range

Defendant appealed his sentence imposed following his guilty plea to unlawful possession of a firearm while under felony indictment in state court. On appeal, defendant argued that the district court made a procedural error in calculating his advisory sentencing guidelines ...

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Criminal Law: Unlawful Possession of Firearm-Downward Variance-Revocation of Probation

Defendant pleaded guilty to unlawful possession of a firearm; the district court varied downward and sentenced defendant to five years’ probation. Defendant subsequently tested positive for methamphetamines, and the district court revoked his probation, sentencing him to nine months’ imprisonment ...

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