Topic
Every decision we've filed under Firearms.
The United States Court of Appeals for the Fourth Circuit affirmed the conviction and sentence of a defendant convicted of possessing a firearm as a felon. The court found no meritorious grounds for appeal and upheld the district court's determination that the sentence was substantively reasonable.
The Fourth Circuit reversed a district court order suppressing evidence found in a defendant's bags during an arrest. The appellate court held that the evidence would have been inevitably discovered through standard inventory search policies at the detention center.
The Seventh Circuit affirmed a 48-month above-guidelines sentence for a defendant who facilitated a straw purchase that led to the death of a police officer. The court held that the district court acted within its discretion to reject the standard sentencing guidelines for straw purchasers based on the specific, violent consequences of the defendant's conduct.
The Sixth Circuit affirmed a carjacking sentence where the defendant claimed entitlement to a sentencing reduction for acceptance of responsibility. The court held that the district court did not clearly err in denying the reduction because the defendant minimized his culpability and made inconsistent statements about the shooting.
The Eleventh Circuit affirmed David Gerome Kennedy's 180-month sentence for drug conspiracy and possession, rejecting his claim that the district court plainly erred in applying sentencing enhancements for firearm possession and maintaining a premises for drug distribution. The court found sufficient evidence that Kennedy possessed firearms related to his drug trafficking and used the Milton residence as a primary site for distributing controlled substances.
The Tenth Circuit affirmed Michael Anthony Rangel's conviction for being a felon in possession of a firearm, rejecting his Second Amendment challenge. The court held that binding precedent remains unchanged following recent Supreme Court decisions, meaning the statute's constitutionality stands.
The Sixth Circuit affirmed a 217-month sentence for a carjacking that left a victim permanently injured, rejecting the appellant's claim that he deserved a sentencing reduction for accepting responsibility. The court held that the defendant's repeated assertions that the shooting was accidental contradicted his guilty plea and demonstrated a lack of sincere remorse.
The Tenth Circuit affirmed the conviction of Michael Anthony Rangel for being a felon in possession of a firearm. The court held that existing precedent upholding the constitutionality of the federal statute remains binding despite recent Supreme Court guidance.
The Fourth Circuit affirmed Deshawn Stephone Hester's conviction for firearm possession by a felon while dismissing his appeal regarding sentence reasonableness due to a valid appellate waiver. The court found the district court's Rule 11 colloquy sufficient to establish that Hester's guilty plea was voluntary and that his waiver of appeal rights was knowingly entered.
The Fourth Circuit affirmed Anthony Lee Daniels' Armed Career Criminal Act sentence, ruling that while the district court erred by determining predicate offenses occurred on different occasions without a jury, the mistake was harmless. The court found that Daniels would have admitted to the different occasions facts during his guilty plea had he been properly advised of his right to a jury determination.