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

• Decided 08/12/2009
• Published 08/12/2009

Judges

Court

• United States Third Circuit

Counsel