United States Second Circuit

In a conviction of defendant for being a felon in possession of a firearm, district court's imposition of a 33-month sentence is affirmed, where although the district court misinterpreted the Guideline by focusing exclusively on defendant's actual use of the firearms he possessed, rather than considering all relevant surrounding circumstances of possession, the error was harmless because the district court would have denied the reduction under the "lawful sporting purposes" provision of the U.S. Sentencing Guidelines absent any error.

Appellate Information

• Decided 09/04/2012
• Published 09/04/2012

Judges

• Pooler

Court

• United States Second Circuit

Counsel