United States v. Estevez, No. 17-4159 (2d Cir. 2020)
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The Second Circuit affirmed defendant's conviction and sentence for being in possession of a firearm. The court held that the general unanimity charge delivered by the district court was correct and adequate. Even if there was error, the error was harmless in light of the overwhelming evidence that defendant possessed the firearm.
The court also held that defendant's sentence was not procedurally unreasonable and there was no error nor abuse of discretion in applying the USSG 2K2.1(b)(6)(B) enhancement. Furthermore, defendant's 100-month sentence was not substantively unreasonable where the district court considered the 18 U.S.C. 3553(a) factors and imposed a sentence that was well within the district court's discretion.
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