United States Fifth Circuit

A conviction and sentence for being a felon in possession of a firearm is affirmed as to the conviction, but the sentence vacated where it was error to apply an obstruction-of-justice enhancement under the sentencing guidelines since defendant's flight did not occur during the course of an investigation, prosecution, or sentencing of the instant firearm charge, nor was he in custody at the time of his flight.

Appellate Information

• Decided 11/21/2006
• Published 11/21/2006

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before BARKSDALE, BENAVIDES and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for U.S., Richard Gale Ferguson, Waco, TX, for Brown.