United States Tenth Circuit

Defendant's firearm possession conviction is affirmed where, according to the Sentencing Guidelines, if a defendant possesses a firearm in connection with the commission of another offense, the district court must apply the offense level for the other offense if the resulting offense level is higher than the offense level as calculated under the provision governing the unlawful possession of firearms.

Appellate Information

• Decided 11/18/2009
• Published 11/18/2009

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, McWILLIAMS, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Leon Schydlower, El Paso, TX, for Defendant-Appellant., Teresa L. Raymond, (Gregory J. Fouratt, United States Attorney, and Laura Fashing, Assistant United States Attorney, Albuquerque, NM, on the brief), Assistant United States Attorney, Las Cruces, NM, for Plaintiff-Appellee.