United States Tenth Circuit

Defendant's sentence for illegally possessing a firearm is vacated where a sentence enhancement was based upon facts found by the court that were not reflected in the jury's verdict.

Appellate Information

• Decided 08/31/2005
• Published 08/31/2005

Judges

• BRISCOE, Circuit Judge., Before PORFILIO, BRISCOE, Circuit Judges, and BROWNING, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Kevin L. Sundwall, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the briefs), District of Utah, Salt Lake City, UT, for Plaintiff-Appellee., Richard P. Mauro, Salt Lake City, UT, for Defendant-Appellant.