United States Fifth Circuit

Defendant's sentence for trafficking firearms and for making a false statement in connection with the purchase of firearms is affirmed in part where: 1) defendant was not permitted to collaterally attack a prior state court conviction; 2) there was considerable evidence that defendant knew the guns would be used in other felony offenses; and 3) it was proper for the district court to have considered acts beyond defendant's actual purchases, so long as those acts were in furtherance of the same course of conduct or common scheme or plan as the conspiracy. However, her sentence is vacated in part where, absent particularized findings that defendant was actually involved in a co-conspirator's activities prior to 2001 or that defendant was otherwise responsible for more than 200 firearms from 2001 through 2005, the present record provided no justifiable basis for the district court's assessment of a ten-level increase.

Appellate Information

• Decided 04/08/2010
• Published 04/08/2010

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before GARWOOD, SMITH and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Susan Spears Bradley, Asst. U.S. Atty., Oxford, MS, for U.S., Kenneth Harold Coghlan (Court-Appointed), Rayburn Coghlan Law Firm, P.L.L.C., Oxford, MS, for Longstreet.