173 results for 'cat:"Firearms" AND cat:"Sentencing"'.
J. Jackson finds that the Second Circuit improperly upheld the district court’s sentencing of defendant, who was convicted of aiding and abetting a murder and conspiracy to distribute drugs. The court erred in believing it was unable to apply the sentences concurrently. Reversed.
Court: US Supreme Court, Judge: Jackson, Filed On: June 16, 2023, Case #: 22-49, Categories: Drug Offender, firearms, sentencing
J. Smith finds a lower court properly sentenced a defendant to 84 months in prison after a jury convicted him for being a felon in possession of a firearm. The defendant argued that the lower court erred in admitting evidence of a 18-year-old firearm conviction. However, the government presented sufficient evidence in court that the conviction was not too remote. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 14, 2023, Case #: 22-1537, Categories: firearms, sentencing
J. Cruser finds that the lower court improperly sentenced defendant for his assault and firearm convictions. Defendant was shackled during his sentencing hearing, and the state has not shown why that restraint was fully needed or that his improper shackling was a harmless error. While defendant's other challenges to his sentence are without merit, the shackling error calls for a fresh sentencing hearing. Remanded.
Court: Washington Court Of Appeals, Judge: Cruser, Filed On: June 13, 2023, Case #: 56086-1-II, Categories: firearms, sentencing, Assault
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J. Colloton finds a lower court properly sentenced a defendant to 96 months in prison after he pleaded guilty to unlawful possession of a firearm as a convicted felon. The defendant argued that the lower court violated sentencing rules by miscalculating his base offense. However, the defendant has a prior conviction of a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 13, 2023, Case #: 22-2605, Categories: firearms, sentencing
J. Wilson finds the trial court properly imposed a four-level sentencing enhancement to defendant’s conviction by guilty plea for being a felon in possession of a firearm and ammunition. The enhancements were applied for use or possession of a firearm in connection with another felony offense. The trial court thoroughly analyzed the factors for relevant conduct as to defendant’s repeated instances of firearm possession; that is: similarity, regularity and temporal proximity, finding the evidence weighs in favor of the enhancements. No abuse of discretion is found. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: June 13, 2023, Case #: 22-40121, Categories: Evidence, firearms, sentencing
J. Smith finds a lower court properly sentenced a defendant to 380 months in prison after he was convicted for distributing a controlled substance in close proximity to a protected location, and for possessing a firearm in furtherance of a drug trafficking crime. The defendant argued that length of his sentence is unreasonable. However, a police informant presented sufficient evidence in court that the defendant orchestrated a drug deal inside of a car wash near a park and playground. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 12, 2023, Case #: 21-3830, Categories: Drug Offender, firearms, sentencing
J. Bush finds the trial court properly admitted evidence of defendant's 11 previous felony convictions at his trial on illegal possession of a firearm. The probative value of the evidence, which was used to prove defendant knew he was a felon precluded from possessing a gun, outweighed any chance of prejudice. Meanwhile, the trial court properly sentenced defendant as an armed career criminal because his North Carolina conviction for assault with a deadly weapon with intent to kill requires purposeful or knowing conduct and, therefore, qualifies as a violent felony under the Armed Career Criminal Act. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: June 9, 2023, Case #: 21-5811, Categories: Evidence, firearms, sentencing
J. Stras finds a lower court properly sentenced a defendant to 108 months in prison for possessing a firearm as a felon. The defendant argued that the lower court erred in applying a four-level enhancement to his sentence. However, police officers dragged the defendant out of a car he was hiding in, and then discovered a Taurus 9- millimeter pistol underneath the passenger seat, which he previously brandished in a Snapchat video. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: June 8, 2023, Case #: 22-1350, Categories: Evidence, firearms, sentencing
J. Hendon finds defendant should be given the opportunity to file timely post-conviction motions challenging his 30-year prison sentence meted out after he allegedly violated his probation by committing attempted premeditated murder and possessing a firearm as a felon, in addition to failing to complete community service hours and other violations. Because defendant's claim that the trial court erred under Florida law by not making written findings about whether he was a danger to the community qualifying him as a violent felony offender of special concern was not preserved for appellate review, the trial court's findings are affirmed without prejudice to give him time to timely file post-conviction motions challenging his sentencing. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: June 7, 2023, Case #: 22-1232, Categories: firearms, Murder, sentencing
[Consolidated.] J. Pryor finds that the district court properly convicted defendant of being a felon in possession of a firearm and ammunition, possessing a firearm in furtherance of a drug trafficking offense and knowingly possessing cocaine or heroin with intent to distribute. Sufficient evidence was presented to support defendant's convictions. Defendant failed to show that the trial outcome would have been different if evidence from his phone had been disclosed. The district court correctly sentenced defendant to 25 years in prison under the Armed Career Criminal Act and did not commit any error in ruling that defendant's prior cocaine conviction qualified as a serious drug offense. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: June 6, 2023, Case #: 20-12907, Categories: Drug Offender, firearms, sentencing
J. Wiley finds that defendant's conviction for being a felon in possession of a firearm did not violate the Second Amendment, which is a constitutional right limited by Supreme Court decisions. Any error by the state's characterization of the provocation needed to support a voluntary manslaughter instruction was harmless, defendant was not due a self-defense instruction because no evidence showed he thought he was in danger, and involuntary manslaughter was off the table because he deliberately loaded a gun and moved to confront the victim at close quarters. The trial court must correct its sentencing order so that the 16-month sentence for the firearm conviction runs concurrently with his murder sentence. Reversed in part.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 5, 2023, Case #: B319448, Categories: firearms, Murder, sentencing
J. Randolph upholds defendant's 18-year sentence for his firearm conviction. Defendant fails to show the district court improperly relied on an invalidated clause within the Armed Career Criminal Act when it sentenced him. Affirmed.
Court: DC Circuit, Judge: Randolph, Filed On: June 2, 2023, Case #: 18-3063, Categories: firearms, sentencing
J. Johnson affirms the trial court’s no-jury conviction of the defendant for one count of attempted murder, after the shooting of two men on a party bus. His 31-year prison sentence is remanded for resentencing. The trial court acquitted the defendant of attempted murder in the shooting of the first man, who remained in a hospital on life support. Defendant was convicted as charged in the shooting of the second victim, who still had a bullet lodged under his heart. Defendant correctly argued that his counsel was ineffective for failing to argue for a sentence reduction. Remanded for resentencing.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 220296, Categories: firearms, Intent, sentencing
J. Colloton finds a lower court properly sentenced defendant to108 months in prison for unlawful possession of a firearm as a previously convicted felon. Although defendant argues his parole officer told him his rights were restored, defendant's restored rights was his ability to vote, not to possess weapons. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 2, 2023, Case #: 22-2870, Categories: Constitution, firearms, sentencing
J. Gruender finds the lower court properly sentenced defendant for his firearm conviction. Defendant was not entitled to an acceptance-of-responsibility reduction due, in part, to his sexually assault of corrections officers while detained in jail. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: June 2, 2023, Case #: 22-2503, Categories: firearms, sentencing
J. Thapar finds the lower court properly applied a sentencing enhancement when defendant pleaded guilty to illegally possessing a handgun. His Ohio conviction for robbery, which includes the threat of or physical harm to another individual, qualifies as a crime of violence. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 2, 2023, Case #: 22-3699, Categories: firearms, Robbery, sentencing
J. Welbaum finds the trial court properly refused to merge defendant's weapon charges for sentencing purposes because the carrying of a concealed weapon and the possession of a weapon while under disability involve separate animi and were committed with different purposes. Therefore, the trial court properly imposed a separate sentence for each charge. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: May 26, 2023, Case #: 2023-Ohio-1765, Categories: firearms, sentencing
J. Panella finds that the lower court improperly granted defendant’s motion to dismiss on the ground that Pennsylvania failed to consolidate his prosecutions under the state’s compulsory joinder rule. The rule does not apply here because defendant’s charges for unlawful possession of a firearm charges did not arise from the same criminal conduct or episode as his previous prosecution for simple assault. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: May 26, 2023, Case #: J-S10015-23, Categories: firearms, sentencing, Assault