United States v. Kpodi, No. 14-3037 (D.C. Cir. 2016)
Annotate this CaseDefendant was convicted of possessing with intent to distribute twenty-eight grams or more of cocaine base and possession of a firearm by a felon. On appeal, defendant challenged his sentence. The court concluded that the district court clearly erred in considering, as an aggravating factor, evidence that defendant was involved in an unrelated gunfight. The court could not conclude that the consideration of the evidence did not have a substantial and injurious effect or influence on defendant's sentence. Accordingly, because the error was not harmless, the court affirmed the judgment.
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