United States Third Circuit

Defendant's sentence of 120 months imprisonment following his guilty plea to possession of a firearm by a convicted felon is: 1) affirmed in part, where defendant's misdemeanor flight conviction qualified as a crime of violence under the sentencing guidelines, and the record confirms that the district court at no point presumed the guidelines range to be reasonable; but 2) reversed in part and remanded for resentencing, where the government failed to carry its burden to show by a preponderance of the evidence that a guideline enhancement for assault on a police officer should apply because the officer was unaware that defendant was attempting to withdraw a gun.

Appellate Information

• Decided 01/10/2014
• Published 01/10/2014

Judges

• RENDELL

Court

• United States Third Circuit

Counsel