United States v. West, No. 10-4123 (10th Cir. 2011)
Annotate this CaseDefendant-Appellant Jeremiah West appealed his sentence from multiple firearms and drugs charges. Defendant pled guilty to one count of possessing a firearm as a convicted felon in exchange for the government’s agreement to drop the other charges. In pleading guilty, Defendant admitted that he was a convicted felon, tried to evade police, and that he knowingly possessed the gun that was found in his car. Defendant was sentenced to 180 months’ imprisonment, which was at the low-end of the Sentencing Guidelines’ range. In addition to the sentence, the district court ordered Defendant to pay restitution for the damage he caused when he tried to flee. On appeal, Defendant asserted that his “fleeing” conviction was outside the ambit of the Sentencing Guidelines. Furthermore, he argued that the restitution order was an abuse of the court’s discretion. The Tenth Circuit affirmed the district court’s sentence, finding it was within the Guidelines. However, the Court reversed the district court’s order of restitution, finding that the lower court did not have the authority to exercise discretion on this matter. The Court remanded the case for further proceedings.
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