Sentencing challenge in a conviction for being a felon in possession of ammunition
US v. Coleman, 09-5052, concerned a challenge to the district court's application of a four-level enhancement for possessing 23 rounds of live ammunition and the government's refusal to make a motion for a third-level of reduction for acceptance of responsibility during defendant's sentencing, in a prosecution of defendant for being a felon in possession of ammunition.
In affirming, the court held that, based upon an application of the "fortress theory" and a plain reading of U.S.S.G. section 2K2.1(b)(6) and Application Note 14(A), the four-level enhancement given to defendant was legally correct. The court also held that there was no error by the district court, let alone a "plain error" in denying defendant the third-level of a three-level reduction for acceptance of responsibility as the government, in good faith, had reason to believe that defendant had not accepted responsibility.
- Read the Sixth Circuit's Full Decision in US v. Coleman, 09-5052,