Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

US v. Kulick, 09-3833

By FindLaw Staff on December 30, 2010 11:15 AM

Sentencing challenge in conviction for being a felon in possession of a firearm

US v. Kulick, 09-3833, concerned a challenge to the district court's imposition of a 37-month sentence in assigning a base offense level of 23 under the Guidelines by cross-referencing a dismissed charge for extortion, in a prosecution of defendant for being a felon in possession of a firearm.

 

In vacating and remanding, the court held that the section 2K2.1(c)(1) cross-referenced conduct must be relevant conduct to defendant's unlawful possession of a firearm offense under section 1B1.3, and here, the extortion offense is not relevant conduct under section 1B1.3(a)(2).  However, the court rejected defendant's argument that the district court did no adequately explain its reasons for denying a downward departure or variance as the district court adequately considered all factors under section 3553(a) at the sentencing hearing.

Related Link:

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard

Find a Lawyer

More Options