United States DC Circuit

Sentence based on conviction for unlawful possession of a firearm by a convicted felon is affirmed over clam that the district court erred when it relied on defendant's acquitted conduct in imposing a four level enhancement and erred again when it considered his arrest record in selecting a sentence near the high end of the U.S. Sentencing Guidelines range.

Appellate Information

• Argued 11/06/2007
• Decided 02/29/2008
• Published 02/29/2008

Judges

• Before:  HENDERSON and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Beverly G. Dyer, Assistant Federal Public Defender, argued the cause for the appellant.  A.J. Kramer, Federal Public Defender, was on brief.  Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance.


• For Appellees:
  
• Allison L. Barlotta, Assistant United States Attorney, argued the cause for the appellee.  Jeffrey A. Taylor, United States Attorney, and Roy W. McLeese III, Mary B. McCord, Sarah T. Chasson and Ellen C. Epstein, Assistant United States Attorneys, were on brief.