United States Fourth Circuit

Sentence for possession of a firearm by a felon is affirmed where imposition of a sentence enhancement was proper on the grounds that defendant's conviction for distributing simulated drugs was a "counterfeit substance" offense, and thus, a "controlled substance offense" within the meaning of the sentencing guidelines.

Appellate Information

• Argued 03/12/2007
• Decided 05/07/2007
• Published 05/07/2007

Judges

• Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John Hanjin Chun, Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant.   Jonathan Biran, Office of the United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  James Wyda, Federal Public Defender, Sarah S. Gannett, Staff Attorney, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant.  Rod J. Rosenstein, United States Attorney, Michael C. Hanlon, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.