Background
The defendant was convicted of simple assault of a federal officer and being a felon in possession of a firearm following an incident where he drove a truck toward a police officer while holding a revolver. He was sentenced to one hundred sixty-three months in prison after the district court applied a four-level enhancement for possessing a firearm in connection with another felony offense, relying on conduct for which he had been acquitted.
The court’s reasoning
The court affirmed the convictions, finding the evidence sufficient to support the simple assault verdict and noting that the defendant’s Second Amendment challenge to the felon in possession statute was precluded by existing precedent. The court held that the district court committed plain error by applying a sentencing enhancement based on acquitted conduct. The court noted that the Sentencing Guidelines were amended to explicitly exclude acquitted conduct from relevant conduct calculations, and the district court failed to use the Guidelines in effect at the time of sentencing.
What it means going forward
Defendants sentenced based on acquitted conduct under the old Guidelines interpretation may seek resentencing if the error affected their substantial rights, as the amended Guidelines now bar such conduct from the advisory range calculation.