United States Third Circuit

In a prosecution of defendant for being a felon in possession of a firearm, district court's imposition of a 37-month sentence in assigning a base offense level of 23 under the Guidelines by cross-referencing a dismissed charge for extortion, is vacated and remanded where: 1) section 2K2.1(c)(1) cross-referenced conduct must be relevant conduct to defendant's unlawful possession of a firearm offense under section 1B1.3, and here, the extortion offense is not relevant conduct under section 1B1.3(a)(2); and 2) defendant's argument that the district court did no adequately explain its reasons for denying a downward departure or variance is rejected as the district court adequately considered all factors under section 3553(a) at the sentencing hearing.

Appellate Information

• Argued 11/17/2010
• Decided 12/29/2010
• Published 12/29/2010

Judges

• FISHER

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Theodore B. Smith, III, Peter Goldberger