United States Tenth Circuit

A guilty plea sentence for being a felon in possession of a firearm is affirmed over defendant's challenges to: 1) the district court's decision to apply a four-level increase to his base offense level for felony menacing under U.S.S.G. section 2K2.1(b)(6), which was based on various hearsay statements before it; and 2) the adequacy of the district court's explanation for such enhancement under Federal Rule of Criminal Procedure 32(i)(3)(B).

Appellate Information

• Decided 12/31/2009
• Published 01/02/2009

Judges

• BALDOCK, Circuit Judge., Before GORSUCH, McKAY and BALDOCK, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Matthew C. Golla, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender and David E. Johnson, Writing and Research Attorney, with him on the briefs), Denver, CO, for Defendant-Appellant., Michael C. Johnson, Assistant United States Attorney (Troy A. Eid, United States Attorney, with him on the brief), Denver, Colorado, for Plaintiff-Appellee.