United States Fourth Circuit

A sentence for unlawful possession of a firearm by a felon is affirmed where: 1) a repeal of an assault-weapon ban had no effect on the post-repeal viability of the 2005 Sentencing Guidelines' enhancement for possession of a firearm that qualified as a semiautomatic assault weapon under 18 U.S.C.A. section 921(a)(30); and 2) as defendant was subject to a six-level enhancement under the 2005 and 2006 Guidelines Manual, the district court's use of the 2006 Manual did not violate the Ex Post Facto Clause.

Appellate Information

• Decided 01/16/2009
• Published 01/16/2009

Judges

• Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ross Hall Richardson, Federal Defenders Of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant.  Amy Elizabeth Ray, Office of the United States Attorney, Asheville, North Carolina, for Appellee.   ON BRIEF:  Claire J. Rauscher, Executive Director, Peter Adolf, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant.  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.