United States Fifth Circuit

Sentence for aiding and abetting the possession of a firearm by a convicted felon is vacated and remanded where the district court erred in applying a cross-reference substituting the guideline sentence for attempted murder since defendant did not have actual knowledge that the firearm would be used during an attempted murder.

Appellate Information

• Decided 02/10/2009
• Published 02/11/2009

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH and SOUTHWICK, Circuit Judges, and RODRIGUEZ, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James Jefferson Dewald (argued), U.S. Attorney's office, Dallas, TX, for U.S., William Ernest Hermesmeyer (argued), Fed. Defender's Office, Fort Worth, TX, for Johnston.