Friday, March 16, 2007

possession of a firearm by a convicted felon are remanded as there is no evidence in the record from which a sound determination

US v. Green, No. 05-3830 (2d Cir. March 13, 2007)
Conviction and sentence based on guilty plea to possession of a firearm by a convicted felon are remanded as there is no evidence in the record from which a sound determination could be made as to whether defendant was convicted of a narcotics offense that involved an intent to distribute, which was required for the application of U.S.S.G. section 2K2.1(a)(4)(A).
http://caselaw.lp.findlaw.com/data2/circs/2nd/053830p.pdf

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