United States v. Miller, No. 10-6229 (10th Cir. 2011)
Annotate this CaseA jury found Defendant Robert Miller guilty of possessing a firearm after previously being convicted of a felony. He was sentenced to 240 months’ imprisonment. Defendant appealed his conviction and sentence, arguing that there was insufficient evidence to convict and that his sentence was substantively unreasonable. In 2009, police on patrol in a marked car saw Defendant standing on a street corner in Oklahoma City. Though he was not under suspicion, Defendant ran when he saw the car, and police pursued him. Defendant tripped on a heavy object. The officer placed Defendant under arrest. A gun was retrieved from the grass on the ground near where Defendant tripped. The gun was loaded, but had not been recently fired. The pre-sentence investigation report (PSR) prepared in Defendant’s case said that Defendant qualified as an armed career criminal because he had two prior convictions of assault with a dangerous weapon. Because of Defendant’s criminal history and the current charges against him, sentencing guidelines recommended a range of 235 to 293 months. Defendant did not object to the sentencing range listed in the PSR. The Tenth Circuit found that a reasonable trier of fact could have convicted Defendant on the evidence presented at trial. Furthermore, the Court found that Defendant could not prove the sentence he received was unreasonable in light of his criminal history and it affirmed the lower court’s decision.
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