US v. Thomas, No. 09-4335 - U.S. Second Circuit
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US v. Thomas, No. 09-4335

Felon In Possession Sentence Affirmed

In US v. Thomas, No. 09-4335, the court affirmed defendant's sentence for being a felon in possession of a firearm, where 1) the lack of a scienter requirement in the stolen firearm enhancement is permissible; and 2) a rational basis existed to support the Guidelines' differential treatment of stolen explosives and stolen firearms such that U.S.S.G. section 2K2.1(b)(4)(A) did not violate equal protection.

 

As the court wrote:  "Defendant-Appellant Garfield Thomas was sentenced principally to fifty-seven months in prison following his guilty plea to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). On appeal, Thomas challenges the reasonableness of his sentence, arguing that the District Court procedurally erred by including in Thomas's applicable sentencing range under the United States Sentencing Guidelines ("U.S.S.G." or "Guidelines") the two-level enhancement of § 2K2.1(b)(4)(A), which applies to certain firearms charges in which the firearm was stolen, regardless of whether the defendant knew that it was stolen."

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