United States Third Circuit

The 120-month sentence that the district court imposed on defendant following his nolo contendere plea for possession of a firearm by a felon in violation of 18 U.S.C. section 922(g)(1) is affirmed, where: 1) a nolo contendere plea does not automatically preclude a district court from granting a reduction in the offense level for acceptance of responsibility, but here the district did not clearly err in determining that defendant was not sufficiently remorseful to receive the benefit of a reduction for acceptance of responsibility; 2) the district court did not err in imposing enhancements for using or possessing any firearm or ammunition in connection with another felony offense, simple assault, and for possessing a stolen firearm; and 3) the district court did not commit procedural or substantive error by denying defendant's request for a downward variance based on his mental-health.

Appellate Information

• Decided 05/09/2014
• Published 05/09/2014

Judges

• McKEE

Court

• United States Third Circuit

Counsel