173 results for 'cat:"Firearms" AND cat:"Sentencing"'.
J. Jones finds the district court properly convicted and sentenced defendant for conspiracy to possess with intent to distribute meth and felon in possession of a firearm. Though the offenses are related, and guidelines call for credit for time served, the guidelines are not obligatory. The sentences were treated as concurrent from the day of the second sentencing without accounting for 13 months of back time. Trial counsel argued for the application of guidelines governing sentences handed down while a defendant is currently serving and was not constitutionally obliged to do more. Affirmed.
Court: 5th Circuit, Judge: Jones, Filed On: August 16, 2023, Case #: 20-10478, Categories: Drug Offender, firearms, sentencing
J. Collins finds that the district court properly entered a sentence following a guilty plea to possession of a firearm by a convicted felon. Defendant argued that the district court should not consider his prior 2004 federal convictions in determining his sentencing range. Neither the Constitution nor any federal statute granted defendant a right to challenge the validity of his 2004 convictions in connection with their use in enhancing his sentence. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: August 15, 2023, Case #: 21-30277, Categories: firearms, sentencing
J. Colloton finds a lower court properly sentenced a defendant to 180 months in prison for unlawful possession of a firearm. The defendant argued that the lower court erred in denying his motion to suppress evidence based on mistaken identity at the hands of police officers who stopped him in traffic. However, the government presented sufficient evidence in court that police officers were entitled to pull him over based on a description of his identity, which linked him as a participant in a shooting. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 11, 2023, Case #: 22-1912, Categories: Evidence, firearms, sentencing
J. Graber finds that the district court properly denied defendant's motion to amend his motion to vacate his convictions for witness tampering and discharging a firearm during and in relation to a crime of violence. Defendant alleges that witness tampering is not a predicate crime of violence. Defendant was convicted under a divisible part of the witness-tampering statute that qualifies as a crime of violence. Affirmed.
Court: 9th Circuit, Judge: Graber, Filed On: August 11, 2023, Case #: 22-35030, Categories: firearms, sentencing, Witnesses
J. Readler finds that defendant was properly sentenced as an armed career criminal. All of his previous drug trafficking and robbery convictions qualify as crimes of violence under the relevant statute and required a 15-year minimum sentence for his most recent firearm possession conviction. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: August 10, 2023, Case #: 22-5567, Categories: firearms, sentencing
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J. Colloton finds a lower court properly sentenced a defendant to 60 months in prison after a jury convicted him for possessing a firearm as a felon. The defendant argued that his sentence is unreasonable and that he is entitled to exclude evidence concerning 911 phone calls placed by his girlfriend. However, the government presented sufficient evidence in court that his girlfriend was forced to place the call after the defendant threatened her with a gun in order to obtain a password to unlock a cell phone. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 10, 2023, Case #: 22-2604, Categories: Evidence, firearms, sentencing
J. Jackson-Akiwumi finds that the lower court properly sentenced defendant to 15 years in prison for illegally possessing a firearm. Defendant had three prior convictions for Indiana burglaries, which qualify as predicate offenses under the Armed Career Criminal Act. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: August 10, 2023, Case #: 22-1926, Categories: firearms, sentencing
J. Wilson finds the lower court properly convicted defendant on three counts of sale of 0.5 grams or more of methamphetamine, three counts of delivery of 0.5 grams or more of methamphetamine, and four counts of possession of a firearm during the commission of a felony, and sentenced him to three concurrent sentences of 11 years on the drug counts and a consecutive four-year sentence for the firearm convictions. While defendant argues his sentence is excessive, the instant court finds the lower court did not abuse its discretion when it considered defendant’s past behavior and convictions when deciding his sentence and imposed a sentence that is within the statutory range. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 9, 2023, Case #: W2023-00086-CCA-R3-CD, Categories: Drug Offender, firearms, sentencing
J. Stone finds that the trial court properly convicted defendant of possession of methamphetamine with intent to distribute and firearm offenses. Sufficient evidence was presented to support defendant's convictions, including defendant's own admission that meth found in his bedroom belonged to him. The trial court correctly sentenced defendant to four 18-year, one 20-year and one 10-year hard labor sentences to run concurrently. Defendant's sentence is not excessive in light of the fact that defendant was already on probation, had an extensive criminal history and demonstrates a high likelihood of recidivism. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: August 9, 2023, Case #: 55,171-KA, Categories: Drug Offender, firearms, sentencing
J. Oldham finds the trial court improperly sentenced defendant on a guilty plea conviction for three counts of possessing a firearm as a felon. Defendant sold 11 guns to confidential informants and an undercover agent through an intermediary during a sting operation, later meeting with an agent and informant to make another sale. Upon apprehension he waived his Miranda rights and consented to a vehicle search, where more loaded guns were found. Though all evidence supports the conviction, the court’s reasoning as to sentencing is ambiguous. During resentencing the court stated that it wished it had “held [defendant] in contempt rather than giving [him] 188 months,” adding, “I don’t think that 188 months is inappropriate” and that it was “knock[ing] eight months off” to preempt any “misunderstanding [whether defendant was] being sentenced for the crime and the crime only.” Vacated and remanded.
Court: 5th Circuit, Judge: Oldham, Filed On: August 8, 2023, Case #: 22-10384, Categories: firearms, sentencing
J. Heavican finds the trial court properly convicted defendant by no-contest plea for felony charges related to an officer-involved shooting, overruling his motion for disqualification and his sentences. Though the judge’s spouse is an active-duty, on-duty law enforcement officer, absent any direct personal connection to the proceeding a judge’s disqualification is not required as a matter of law. All evidence, including defendant’s criminal history, supports the conviction and consecutive sentences. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: August 4, 2023, Case #: S-22-411, Categories: firearms, sentencing
J. Grasz finds a lower court properly sentenced a defendant to 87 months in prison after he pleaded guilty to unlawful possession of a firearm. The defendant argued that his sentence is unreasonable. However, the defendant has a prior conviction for aggravated vehicular hijacking, which is a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: August 1, 2023, Case #: 22-2858, Categories: firearms, sentencing, Vehicle
J. King finds the lower court properly labeled the defendant a career offender for sentencing purposes. The defendant, convicted of selling drugs, failed to explain why at least four of his seven previous drug-related charges wouldn't count as controlled substance offenses. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: August 1, 2023, Case #: 20-4433, Categories: Drug Offender, firearms, sentencing
J. Harris finds the lower court properly increased the defendant's sentence on remand. The defendant, initially facing Hobbs Act robbery and firearm offenses, had a poor disciplinary record while incarcerated between court appearances. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: August 1, 2023, Case #: 21-4351, Categories: firearms, Robbery, sentencing
J. Brasher finds the district court improperly sentenced defendant to the mandatory minimum sentence of 15 years in prison following his guilty plea to being a felon in possession of a firearm. Defendant's prior Florida conviction for possessing a listed chemical with reasonable cause to believe it will be used to manufacture a controlled substance does not qualify as a serious drug offense under the Armed Career Criminal Act. Possessing a listed chemical with reasonable cause to believe it will be used to manufacture does not amount to manufacturing the drug. Vacated.
Court: 11th Circuit, Judge: Brasher, Filed On: July 31, 2023, Case #: 21-12609, Categories: Drug Offender, firearms, sentencing
J. Mathis finds the trial court erroneously failed to make factual findings regarding defendant's self-defense claim during sentencing for his assault conviction. Although defendant was a felon in possession of a firearm, the government was required to prove by a preponderance of the evidence he did not act in self-defense before the court could impose a sentencing enhancement, which it did not. Reversed.
Court: 6th Circuit, Judge: Mathis, Filed On: July 28, 2023, Case #: 22-3799, Categories: firearms, sentencing, Self Defense
J. Colloton finds a lower court properly sentenced a defendant to 96 months in prison after he pleaded guilty to possession of a firearm a a previously convicted felon, but erred in its statement of reasons. The government argued that it complied with criminal procedures. However, the lower court failed to resolve the defendant's challenge to the presentence report concerning his membership in a gang. Remanded in part.
Court: 8th Circuit, Judge: Colloton, Filed On: July 26, 2023, Case #: 22-3275, Categories: firearms, sentencing, Gangs
J. Lee affirms defendant's 78-month prison sentence for illegally possessing a firearm while selling marijuana in daylight hours on a busy Chicago street. Defendant argues that his above-the-guidelines sentence was tainted by the district court’s lengthy commentary on the general prevalence of gun violence in Chicago, but "district courts may consider the serious problem of gun violence in Chicago in imposing stiff sentences on those who commit firearms offenses in the city.” Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: July 25, 2023, Case #: 21-3287 , Categories: firearms, sentencing, Weapons
J. Agee finds the lower court improperly enhanced the defendant's sentence. The police arrested the defendant, a prior felon after he shot back at gang members who tried to kill him at a convenience store. The government conceded that the defendant should not have received two criminal history points for being on probation because his probation had ended before the convenience store incident. Vacated
Court: 4th Circuit, Judge: Agee, Filed On: July 21, 2023, Case #: 21-4367, Categories: firearms, Probation, sentencing
Per curiam, a panel of the 11th Circuit finds that the district court properly sentenced defendant to 180 months in prison for being a felon in possession of a firearm and ammunition. Defendant qualified for a sentencing enhancement and the district court correctly sentenced him as an armed career criminal. Defendant's prior conviction for aggravated assault under Florida law qualifies as a violent felony under the Armed Career Criminal Act. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: July 21, 2023, Case #: 21-13249, Categories: firearms, sentencing
J. Sulek finds that the trial court properly sentenced defendant to 38 months in prison after he pleaded no contest to improperly handling firearms in a motor vehicle and to not complying with a police officer. The trial court is not required to give emphasis to any one factor, such as the convict's claim that it should have the focused on the seriousness and recidivism factors, though the trial court's failure to discuss this does not necessarily mean that it did not consider that factor. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: July 14, 2023, Case #: L-22-1265, Categories: firearms, sentencing
J. Gilman finds the statutory maximum sentence handed down by the trial court for defendant's firearms convictions was not procedurally unreasonable. Her point-blank shooting of a police officer after a vehicle chase sufficiently showed she had intent to kill the officer, which renders the court's guideline range accurate. Affirmed.
Court: 6th Circuit, Judge: Gilman, Filed On: July 12, 2023, Case #: 22-5624, Categories: firearms, sentencing
J. Stras finds a lower court properly sentenced a defendant to 63 months in prison for possession of a firearm as a felon. The defendant argued that his prior conviction for intentional bodily injury, which added 13 to 16 months to his prison stint, does not qualify as a prior crime. However, his previous offense involved "willful injury," which is a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: July 10, 2023, Case #: 22-1675, Categories: firearms, sentencing
J. King finds the lower court properly sentenced the defendant as a career offender. The defendant, convicted of selling drugs, argued that his four previous offenses for distributing drugs were attempted offenses and, therefore cannot count toward career offender status under this circuit's decision in United States v. Campbell. However, drug distribution under South Carolina law is a completed offense rather than an attempted offense. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: July 7, 2023, Case #: 20-4433, Categories: Drug Offender, firearms, sentencing
J. Ezra finds that a district court erred in denying defendant's motion for a sentence reduction after defendant pleaded guilty to possession of cocaine base with intent to distribute and possession of a firearm in furtherance of a drug trafficking offense. District courts may consider non-retroactive changes in post-sentencing decisional law affecting the applicable sentencing guidelines. Vacated.
Court: 9th Circuit, Judge: Ezra , Filed On: July 6, 2023, Case #: 22-30021, Categories: Drug Offender, firearms, sentencing
J. Newsom finds that the district court improperly sentenced defendant to 60 months in prison after his guilty plea to being a felon in possession of a firearm. The district court incorrectly found that defendant's earlier youthful-offender adjudication for robbery constituted an adult conviction under the meaning of the applicable guidelines provision. Defendant was 16 years old when he committed the robbery offense and Alabama law does not treat youthful-offender adjudications as convictions. The youthful-offender system differs from the adult system in substance and procedure and the two cannot be conflated. Vacated.
Court: 11th Circuit, Judge: Newsom, Filed On: July 6, 2023, Case #: 22-10502, Categories: firearms, sentencing
J. Colloton finds a lower court properly sentenced a defendant to 296 months in jail after he pleaded guilty to unlawful possession of ammunition as a felon. The defendant argued that the lower court erred in deeming him as a armed career criminal. However, the government presented sufficient evidence in court that he has a prior conviction for voluntary manslaughter, and that his sentence falls below the guidelines range, which was decreased by three levels after he admitted guilt. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 29, 2023, Case #: 22-2631, Categories: firearms, sentencing, Manslaughter
J. Carson finds that the lower court improperly sentenced defendant for his firearm and battery convictions. Under the relevant sentencing rules, he is entitled to a downward sentencing adjustment due to having already served time for another related offense. Resentencing proceedings are needed. Vacated.
Court: 10th Circuit, Judge: Carson, Filed On: June 27, 2023, Case #: 21-6167, Categories: firearms, sentencing, Battery
J. Nguyen vacates defendant's sentence and remands for resentencing in a case in which defendant pleaded guilty to being a felon in possession of a firearm. The lower court erred when it increased the offense level based on a finding that defendant's prior Montana conviction for partner or family member assault (PFMA) qualified as a crime of violence under the sentencing guidelines. PFMA's definition of “bodily injury” includes more conduct than the “use of physical force.” Because the court must determine whether PFMA categorically requires violent force and not whether defendant actually used it in his prior offense, PFMA is not a crime of violence under the sentencing guidelines. Vacated.
Court: 9th Circuit, Judge: Nguyen , Filed On: June 26, 2023, Case #: 22-30050, Categories: firearms, sentencing