173 results for 'cat:"Firearms" AND cat:"Sentencing"'.
J. Grasz finds a lower court properly sentenced a defendant to 420 months in prison for robbery after he stole travelers checks that were worth $30,000. The defendant argued that his conviction no longer qualified as an Armed Career Criminal Act offense and that the court was obligated to recalculate the length of his sentence. However, the government sufficiently showed in court that the defendant's certificate of appealability barred him from challenging the court's decision. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: January 5, 2024, Case #: 21-2218, Categories: firearms, Robbery, sentencing
J. Gregory finds the lower court properly sentenced the defendant. The defendant pleaded guilty to a single count of possession of a stolen firearm stemming from a robbery of a sports equipment store, and his sentence was enhanced due to him being an unlawful user of controlled substances and being under indictment for a felony at the time of the offense. The defendant told the police in an interview that he was addicted to cannabis and had smoked up until 2021, which is well past the commission of his state and federal crimes meaning he admitted to being an unlawful drug user contemporaneous with his arrest. Affirmed.
Court: 4th Circuit, Judge: Gregory, Filed On: January 4, 2024, Case #: 22-4426, Categories: Drug Offender, firearms, sentencing
J. Scudder finds that the lower court improperly sentenced defendant to a 15-year mandatory minimum sentence. After the Indiana Supreme Court declined to address a certified question, the panel found that defendant's conviction under Indiana's 2002 arson statute does not constitute a violent felony. Therefore, he does not qualify for the mandatory minimum under the Armed Career Criminal Act. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: January 2, 2024, Case #: 22-2278, Categories: firearms, sentencing, Arson
J. Shepherd finds a lower court properly sentenced a defendant to 84 months in prison and three years probation for being a felon in possession of a firearm. The defendant, who absconded from a residential reentry facility while serving a 60 month sentence for possession of a firearm to further a drug- trafficking offense, argued that his sentence is unreasonable based on a four-level sentencing enhancement. However, the government presented sufficient evidence in court that he committed escape felony while armed with a loaded handgun and a fanny pack of ammunition. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 27, 2023, Case #: 23-1816, Categories: firearms, sentencing, Escape
J. McHugh finds that the lower court properly convicted defendant of being a felon in possession of a firearm. The jury was presented with enough evidence found during a search of his home to find that he was the owner of a firearm and several rounds of ammunition, and the lower court correctly included a prior 2002 conviction when calculating his offender score for sentencing purposes. Affirmed.
Court: 10th Circuit, Judge: McHugh , Filed On: December 26, 2023, Case #: 23-2029, Categories: firearms, sentencing
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J. Ayers finds the lower court properly convicted defendant of possession of cocaine with intent to sell or deliver and possession of a firearm after having been convicted of a violent felony, when he pleaded guilty to both crimes. Per his plea agreement he was sentenced to concurrent 10-year sentences with the trial court to determine the way in which he would serve; it chose confinement. Defendant argues that he was erroneously denied probation at his sentencing hearing, but the lower court based its confinement decision on defendant’s criminal history and prior probation violations. The lower court did not abuse its discretion. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: December 26, 2023, Case #: E2023-00241-CCA-R3-CD, Categories: Drug Offender, firearms, sentencing
J. Brennan finds that the lower court must reconsider defendant's sentence on firearms charges because changes to the sentencing guidelines since his sentence changed how status points are applied and would have lowered his criminal history and resulting guidelines range. Vacated.
Court: 7th Circuit, Judge: Brennan, Filed On: December 19, 2023, Case #: 22-2665, Categories: firearms, sentencing
Per curiam, the circuit finds the trial court properly applied a 4-month upward sentencing variance on defendant's guilty plea conviction for possession of a firearm by a convicted felon. Defendant's lengthy criminal history, including several violent offenses, supports the conclusion that the need to deter unlawful conduct and promote respect for the law warranted the small upward variance. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 14, 2023, Case #: 23-10389, Categories: firearms, sentencing
J. Gregory finds the lower court improperly applied a four-level sentence enhancement for possession of a firearm in connection with another felony offense. The defendant was convicted for possession of a gun as both a felon and someone subject to a domestic violence protective order. You can not be punished more severely for violating multiple provisions with the same act of possession. Reversed.
Court: 4th Circuit, Judge: Gregory, Filed On: December 13, 2023, Case #: 21-4235, Categories: firearms, sentencing
J. Wilkinson finds the lower court properly sentenced the defendant to 120 months imprisonment and five years of supervised release for unlawful possession of a firearm and aiding and abetting possession with intent to distribute at least 40 grams of fentanyl. The defendant had previously been convicted of 27 non-traffic offenses, including nighttime burglary, burglary, grand theft, contempt of court, and domestic battery. The defendant qualified for an upward variance in his sentencing despite pleading guilty due to the quantity of fentanyl the defendant possessed. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: December 12, 2023, Case #: 21-4312, Categories: Drug Offender, firearms, sentencing
J. Welbaum finds that defendant's murder and assault convictions were supported by sufficient evidence, including his DNA and blood on the car driven during the drive-by shooting. Even if the state failed to establish he was the shooter, he could still have been found guilty under a theory of complicity. However, the trial court erroneously imposed a firearm specification on both the assault and murder convictions because the crimes involved the same course of conduct; therefore, the case will be remanded to remove one of the firearm sentencing enhancements. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: December 8, 2023, Case #: 2023-Ohio-4445, Categories: firearms, Murder, sentencing
J. Higginbotham finds the trial court improperly enhanced defendant's sentence under the Armed Career Criminal Act on his conviction for being a felon in possession of a firearm. Because defendant was convicted under the Texas statute for causing serious bodily injury, absent proof he used physical force, his prior offenses are not crimes of violence for purposes of the act. Furthermore, burglary of a habitation also no longer qualifies as a violent felony in Texas. Vacated.
Court: 5th Circuit, Judge: Higginbotham , Filed On: December 5, 2023, Case #: 19-40811, Categories: firearms, sentencing, Assault
J. Higginson finds the trial court properly convicted defendant for being a felon in possession of a firearm and attempted obstruction of a federal proceeding. The government presented sufficient evidence to support the convictions. However, the judge did not have the authority to order that the sentence run concurrently with a previous revocation sentence, as a retraction of the order resulted in 27 months greater time. Affirmed in part.
Court: 5th Circuit, Judge: Higginson , Filed On: December 4, 2023, Case #: 22-30442, Categories: firearms, sentencing, Obstruction
Per curiam, the appeals court finds the trial court improperly sentenced defendant upon his conviction of second-degree murder, attempted second-degree murder and possession of a firearm by a felon in connection with a drive-by shooting. Defendant's life sentence for second-degree murder stands, but his 30-year sentences on seven counts of attempted second-degree murder and firearm possession exceed what is allowed by statutes and cannot stand, in part because, though contradictory, the jury concluded defendant did not possess a firearm as to the attempted murder charges, so those counts cannot be reclassified as first-degree felonies. The case is remanded for further proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 1, 2023, Case #: 23-1362, Categories: firearms, Murder, sentencing
J. Kamins finds the post-conviction court properly denied relief to petitioner who pleaded guilty to two counts of attempted aggravated murder with a firearm. “Counsel reasonably concluded that the jury would have viewed the footage as supporting a theory that petitioner acted out of revenge, rather than a desire to protect his friend.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 29, 2023, Case #: A177937, Categories: firearms, Murder, sentencing
J. Rowland finds the district court improperly dismissed defendant's application for post-conviction relief in connection with his drug and firearms convictions and 77-year sentence. Defendant's application for post-conviction relief was dismissed as time-barred, having been filed more than one year after the convictions were finalized. No time limit existed when the convictions were affirmed, though a new statute later imposed the limit. A 1-year grace period is appropriate, as it affords affected petitioners as much time as their counterparts whose convictions became final after the limitations statute. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: November 28, 2023, Case #: PC-2023-176, Categories: Drug Offender, firearms, sentencing
J. Colloton finds a lower court properly sentenced a defendant to 92 months in prison after he pleaded guilty to unlawful possession of a firearm as a felon. The defendant argued that the lower court miscalculated the length of his sentence. However, the government presented sufficient evidence in court that he has a prior kidnapping offense, qualifies as a violent crime. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: November 28, 2023, Case #: 23-1077, Categories: firearms, sentencing, Kidnapping
Per curiam, the circuit finds the district court properly sentenced defendant to 120-months in prison for felony firearm possession. Defendant was reported near a daycare in Amarillo, Texas while carrying a firearm, asking bystanders about the number of children inside. This occurred three days after the Robb Elementary School shooting in Uvalde, Texas. Police recovered an AR-style rifle with a loaded magazine and arrested defendant nearby. Though his existing mental health issues may have been exacerbated by being robbed and shot 9 times, the upward sentencing variance was properly made due to defendant's history of violence and the seriousness of the offense. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 27, 2023, Case #: 23-10145, Categories: firearms, sentencing
J. D'Apolito finds eyewitness testimony from the victim, who turned defendant's gun over to police after being attacked, and surveillance footage that showed the assault was sufficient to support his assault and firearm possession convictions. However, the trial court failed to make required findings at sentencing, including that consecutive sentences were necessary to protect the public from future harm. Vacated in part.
Court: Ohio Court Of Appeals, Judge: D'Apolito, Filed On: November 22, 2023, Case #: 2023-Ohio-4246, Categories: firearms, sentencing, Assault
Per curiam, the circuit finds the lower court improperly sentenced defendant, who pleaded guilty to being a felon in possession of a firearm, to 15 years imprisonment. The sentencing court enhanced defendant's sentence for a prior delivery of cocaine conviction, but no documents are included in the record supporting the court's determination of the cocaine delivery offense as a serious drug offense according to guiding case law. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 16, 2023, Case #: 22-60565, Categories: firearms, sentencing
Per curiam, the circuit finds the district court properly convicted defendant for transferring a firearm to a prohibited person and for making false statements while purchasing a firearm, imposing an upward sentencing variance. Defendant purchased a gun for her boyfriend, who had several felony convictions and subsequently used the weapon to fire at his ex-girlfriend's parents' house. Defendant knew her boyfriend had previously used a firearm to assault his ex-girlfriend, and the upward variance for aggravating factors was properly applied. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 15, 2023, Case #: 22-11178, Categories: firearms, Fraud, sentencing
J. Jordan finds that the district court properly sentenced defendant for firearm offenses committed while he was out on bond after being charged with a separate firearm offense. The district court correctly imposed a 10-year consecutive sentence pursuant to the statute that took defendant's total sentence to 25 years. The 25-year sentence was the advisory range provided by the sentencing guidelines. Although the government failed to submit an issue related to the sentencing enhancement to the jury, the error was harmless because no reasonable jury could have convicted defendant of the firearm offense without also finding that he committed the offense while on pre-trial release. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: November 14, 2023, Case #: 22-10267, Categories: firearms, sentencing
J. Flaum finds that the lower court improperly sentenced defendant on multiplicitous firearm convictions, but properly sentenced him for drug offenses. Defendant's two firearm convictions should have been merged for sentencing purposes. Reversed in part.
Court: 7th Circuit, Judge: Flaum, Filed On: November 13, 2023, Case #: 22-2805, Categories: Drug Offender, firearms, sentencing
J. Mann finds that the lower court properly issued a restitution order against defendant stemming from his conspiracy to commit murder and firearm possession convictions following a home robbery that resulted in the death of one person. Sentencing courts have broad discretion in their ability to order that a defendant must pay restitution to the victims or families of the victims in a case such as this, and the lower court's decision to issue such an order against defendant was not a violation of that discretion. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: November 13, 2023, Case #: 84536-5-I, Categories: firearms, sentencing, Conspiracy
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant by guilty plea for possession of a firearm after a felony conviction. Defendant was detained through a traffic stop a few days after his attempted lane change nearly resulted in a collision which moved him to shoot at the other vehicle 13 times, once grazing the other driver’s head. Defendant consented to a search and officers recovered a 9mm pistol loaded with a 50-round drum magazine. Defendant confirmed that it belonged to him, and shell casings recovered from the shot-at vehicle matched. All evidence supports the conviction and the court properly calculated the base offense level using a prior robbery conviction classified as a violent crime. Defendant’s repeated violation of his pretrial release terms supports the denial of an acceptance of responsibility reduction. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 7, 2023, Case #: 22-10892, Categories: Evidence, firearms, sentencing
J. Loken finds a lower court properly sentenced a defendant to 100 months in prison after he pleaded guilty to being a felon in possession of a firearm. The defendant argued that the lower court erred in applying a four- level increase for using the firearm in a previous crime. However, the defendant has two prior offenses for controlled substances in Illinois, and one in Iowa for intimidating a person with a dangerous weapon. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: November 6, 2023, Case #: 22-3394, Categories: Drug Offender, firearms, sentencing
Per curiam, the Fifth Circuit finds the trial court properly sentenced defendant for being a felon in possession of a firearm. Since the possession charge was in relation to a drug trafficking offense, guidelines require courts to use sentencing guidelines for the drug offense. Though defendant says the court improperly used the gross weight of pills containing meth in a mixture, guidelines for meth require that the court use either the gross weight of the mixture or the specific weight of the drug, whichever is greater. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 6, 2023, Case #: 22-50857, Categories: Drug Offender, firearms, sentencing
J. Loken finds a lower court properly sentenced a defendant to 72 months in prison and three years probation after he pleaded guilty to being a felon in possession of a firearm. The defendant argued that his sentence is unreasonable. However, the defendant has a prior conviction for second-degree robbery, which is a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: November 3, 2023, Case #: 22-3634, Categories: firearms, Robbery, sentencing