United States Third Circuit

Sentence for possession of a firearm by a felon is affirmed where: 1) the Due Process Clause of the Fifth Amendment does not require a district court to find facts supporting sentencing enhancements by more than a preponderance of the evidence; 2) the court's factfinding was not clearly erroneous; 3) the district court diligently considered the pertinent section 3553(a) factors and applied them reasonably; and 4) the court did not err when it discounted a stolen gun enhancement as part of its 3553(a) analysis.

Appellate Information

• Argued 05/07/2007
• Decided 09/10/2007
• Published 09/10/2007

Judges

• Before: RENDELL, JORDAN and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Edson A. Bostic (Argued), Eleni Kousoulis, Office of Federal Public Defender, Wilmington, DE, for Appellant.


• For Appellees:
  
• Ilana H. Eisenstein (Argued), Office of United States Attorney, Wilmington, DE, for Appellee.