United States Third Circuit

Sentence for weapons possession in prison is vacated and remanded where: 1) the district court's characterization of defendant's offense as a crime of violence and calculation of defendant's sentencing range was based on Kenney, which no longer remains good law in light of the Supreme Court's recent decision in Begay v. US; and 2) possession of a weapon in prison should not be considered a crime of violence under the Career Offender Guidelines post-Begay.

Appellate Information

• Argued 07/08/2009
• Decided 08/12/2009
• Published 08/12/2009

Judges

• Before:  SLOVITER, AMBRO, and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stephen F. Becker, Esquire (Argued) Shapiro & Becker, Lewisburg, PA, for Appellant.


• For Appellees:
  
• Martin C. Carlson, United States Attorney, George J. Rocktashel (Argued), Assistant United States Attorney, Office of the United States Attorney, Williamsport, PA, for Appellee.