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Felon in Possession Sentence Affirmed

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By FindLaw Staff on June 22, 2010 11:14 AM

In US v. Pazour, No. 10-1456, the Eighth Circuit affirmed defendant's sentence for being a felon in possession of a firearm, holding that 1) defendant's claim of sentencing error was subject to reasonable dispute, and thus the district court did not commit plain error; and 2) the firearms possessed by defendant facilitated the theft at issue, and possession of the firearms was not accident or coincidence.

As the court wrote:  "A grand jury indicted Cory Pazour for being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Pazour pleaded guilty to the offense as charged and the district court2 sentenced Pazour to 37 months imprisonment. On appeal, Pazour argues the district court erred in applying a two-level sentencing enhancement for possession of a stolen firearm, see U.S.S.G. 2K2.1(b)(4)(A), and a four-level sentencing enhancement for possession of a firearm in connection with another felony, see U.S.S.G. § 2K2.1(b)(6). We affirm."

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