In US v. Harmon, No. 09-5006, the Sixth Circuit faced a challenge to the district court's decision ordering that defendant's 46-month sentence for being a felon in possession of a firearm in violation of 18 U.S.C. section 922(g)(1) be served consecutively to an undischarged state sentence on an unrelated conviction for voluntary manslaughter.
As the court wrote: "The court selected a 46-month sentence on the basis of Harmon's criminal history and unlawful use of a firearm despite being convicted of voluntary manslaughter in state court, the need to provide adequate deterrence, the need to protect the public, and the likelihood that a term of imprisonment would provide Harmon with drug abuse and medical treatment."
Thus, in affirming the sentence, the court held that, although the district court did not mention U.S.S.G. section 5G1.3(c) by name, the totality of the record shows that the court considered each of the factors contained in application note 3(A) and thus committed no error, much less one that was obvious and clear. Furthermore, defendant failed to rebut the presumption of reasonableness given to his sentence at the bottom of the applicable Guidelines range.
- Full text of US v. Harmon