United States Tenth Circuit

In sentencing for possession of a firearm by a convicted felon, 1) a vague, unsworn statement by an unidentified witness in a presentence report did not provide a basis for an enhancement for possession of a firearm in connection with another felony offense, 2) upward departure based on based on an under-representation of criminal history was proper, and 3) consecutive sentencing was appropriate.

Appellate Information

• Decided 06/21/2002
• Published 06/21/2002

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, BRORBY, Senior Circuit Judge, and RUSSELL , District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:   Julie George, Salt Lake City, UT, for Appellant.


• For Appellees:
  
• Paul M. Warner, United States Attorney, and Wayne T. Dance, Assistant United States Attorney, Chief, Appellate Section, Office of the United States Attorney, Salt Lake City, UT, for Appellee.