United States Fourth Circuit

Conviction of defendant for being a felon in possession of a firearm and ammunition and a 300-month sentence are affirmed where: 1) the district court did not err in denying defendant's motion to suppress as the officer's order to defendant to exit the vehicle was constitutionally permissible and defendant's act of shoving an officer in his effort to flee provided probable cause to arrest for simple assault; 2) district court did not err in applying the enhancement under section 3A1.2(c)(1) as defendant's conduct created a substantial risk of serious bodily injury; 3) the district court did not err in applying the four-level enhancement under section 2K2.1(b)(6) for possession of a firearm in connection with another felony offense; and 4) the district court's application of cumulative enhancements under section 3A1.2(c)(1) and section 2K2.1(b)(6) is not impermissible double counting.

Appellate Information

• Argued 10/29/2010
• Decided 12/16/2010
• Published 12/16/2010

Judges

• DAVIS

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Raymond John Rigat, Robert Frank Daley, Jr.