United States v. Canamore, No. 18-1419 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not commit impermissible double counting by calculating the advisory guideline range by applying a two-level increase under USSG 2K2.1(b)(4)(A) for possessing a stolen firearm and USSG 2K2.1(b)(6)(B) for possessing a firearm in connection with another felony offense. The court also held that the district court did not abuse its discretion by imposing an 84 month term of imprisonment.
Court Description: Per Curiam - Before Smith, Chief Judge, and Colloton and Erickson, Circuit Judge] Criminal case - Sentencing. In a felon-in-possession case, application of both Guidelines Sec. 2K2.1(b)(6)(B) for possessing the weapon in connection with another felony offense (Theft by Receiving Stolen Property in violation of Ark. Code Ann. Sec. 5-36-106) and Guidelines Sec. 2K2.1(b)(4)(A) for possession of a stolen weapon did not constitute impermissible double counting; below-guidelines-range sentence was not an abuse of the district court's discretion.
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