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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.