United States Eleventh Circuit

Defendant's conviction and sentence for knowingly possessing a firearm and ammunition that affected interstate commerce after having been convicted of a felony are affirmed where: 1) because the Sentencing Commission's intent was clear, there was no need to address the rule of lenity; 2) community control was sufficiently analogous to probation to warrant the application of U.S.S.G. section 4A1.2(k); and 3) 18 U.S.C. section 922(g) only required that the government prove some "minimal nexus" to interstate commerce, which it may accomplish by demonstrating that the firearm possessed traveled in interstate commerce.

Appellate Information

• Decided 05/26/2010
• Published 05/26/2010

Judges

• FAY, Circuit Judge:, Before PRYOR and FAY, Circuit Judges, and QUIST,District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Christine O'Connor, Kathleen M. Williams, Stewart Glenn Abrams, Fed. Pub. Defenders, Miami, FL, for Wright., Adam L. Schwartz, Kathleen M. Salyer, Dawn Bowen, and Anne R. Schultz and Harriett R. Galvin, Asst. U.S. Attys., Miami, FL, for U.S.