United States v. Lewis, No. 10-4460 (3d Cir. 2011)Annotate this Case
Defendant was acquitted of carjacking (18 U.S.C. 2119), but convicted of possession of ammunition by a felon (18 U.S.C. 922(g)(1)), and committing an offense while on pretrial release (18 U.S.C. 3147(1). Section 3147 states that, in addition to the sentence prescribed for the offense, the offender shall be sentenced to imprisonment of not more than 10 years if the offense is a felony or not more than one year if the offense is a misdemeanor, consecutive to any other sentence. The district court added four levels because defendant possessed ammunition in connection with another felony, added two levels for reckless endangerment during flight, and added three levels for commission of an offense while on release, for a total offense level of 29. Defendant has a Category V criminal history, so the advisory range was 140 to 175 months, exceeding the 10-year maximum sentence for the possession count. The court imposed a sentence of 96 months on the possession of ammunition count and 42 months on the 3147 count. The Third Circuit reversed the 3147 conviction; the section is a sentencing enhancement, not a description of an offense. The section can, however, increase the maximum sentence for the underlying felony offense committed while on pretrial release by 10 years.