Conviction for being a felon in possession of a firearm
US v. Hampton, 09-4455, concerned a challenge to a conviction of defendant for being a felon in possession of a firearm and ammunition and district court's imposition of a 300-month sentence.
In affirming, the court held that the district court did not err in denying defendant's motion to suppress as the officer's order to defendant to exit the vehicle was constitutionally permissible and defendant's act of shoving an officer in his effort to flee provided probable cause to arrest for simple assault. Further, the district court did not err in applying the enhancement under section 3A1.2(c)(1) as defendant's conduct created a substantial risk of serious bodily injury, or in applying the four-level enhancement under section 2K2.1(b)(6) for possession of a firearm in connection with another felony offense. Lastly, the court held that the district court's application of cumulative enhancements under section 3A1.2(c)(1) and section 2K2.1(b)(6) is not impermissible double counting.
- Read the Fourth Circuit's Full Decision in US v. Hampton, 09-4455