US v. Coleman, 09-5052 - Criminal Law - U.S. Sixth Circuit
U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog

US v. Coleman, 09-5052

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.

Related Link: