United States v. Bowers, No. 13-1244 (8th Cir. 2014)
Annotate this CaseDefendant appealed his sentence after pleading guilty to one count of being a felon in possession of a firearm and ammunition. On appeal, defendant challenged the district court's application of a sentencing enhancement under U.S.S.G. 2K2.1(b)(6)(B) for possessing a firearm in connection with another felony offense. The court concluded that the record was clear that defendant withdrew his objections to the factual statements in the PSR, which permitted the district court to rely upon them to find that the enhancement was applicable. Because the objections were withdrawn, the district court did not err in relying on the factual statements set forth in the PSR to find that the four-level enhancement applied.
Court Description: Criminal case - Sentencing. Defendant withdrew his objections to the factual statements in the Presentence Report, and the district court did not err in relying on those statements in imposing an enhancement under Guidelines Sec. 2K2.1(b)(6)(B) for possession of the weapon in connection with another felony.
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