United States Tenth Circuit

Defendant's firearm possession sentence is affirmed where: 1) Defendant's unconvicted conduct provided the District Court with an appropriate ground for departure under U.S.S.G. section 4A1.3(a)(2)(E), and 2) Defendant's criminal history and propensity to recidivate placed him outside the heartland of typical cases considered in drafting the Guidelines.

Appellate Information

• Decided 06/19/2009
• Published 06/19/2009

Judges

• BALDOCK, Circuit Judge., Before O'BRIEN and BALDOCK, Circuit Judges, and BRORBY, Senior Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Terrence J. Campbell, Barber Emerson, L.C., Lawrence, KS, for Defendant-Appellant., Leon Patton, Assistant United States Attorney (Marietta Parker, Acting United States Attorney, with him on the briefs), Kansas City, KS, for Plaintiff-Appellee.