United States v. Harris, No. 13-1442 (3d Cir. 2014)
Annotate this CaseHarris consumed large amounts of drugs and alcohol to celebrate his birthday, then joined friends at a Pittsburgh bar. Harris brandished a gun as he walked around the bar, swaying from side to side. His actions were recorded by the bar’s video cameras. Patrons called 911 and identified Harris. When Officer Perry arrived, Harris was standing outside of the bar with the gun in his hand. With the help of other officers, Perry arrested Harris and seized the gun. Perry testified that Harris uttered nonsensical things as they arrested him. Harris was charged with unlawful possession of ammunition and unlawful possession of a firearm by a convicted felon, 18 U.S.C. 922(g). At a hearing to determine whether Harris could plead nolo contendere, Harris testified that, on the night in question, he was so intoxicated that he did not remember anything after arriving at the bar. Perry testified that Harris was too intoxicated to be interviewed. The district court watched the video; Harris admitted he was the man in the video. The government suggested that the court accept the nolo contendere plea. The court agreed and subsequently sentenced Harris to the statutory maximum of 120-months on count two, with a 4-level increase for possessing a firearm in connection with another felony and a 2-level increase for possessing a stolen firearm. The court denied requests for a 3-level reduction for acceptance of responsibility. The Third Circuit affirmed, while stating that a nolo contendere plea does not automatically preclude a court from granting a reduction under U.S.S.G. 3E1.1.
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