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USSG 2K2.1 Enhancement Proper; Low-End GL Sentence Affirmed

By Shari Allison

US v. Hodge, 2008 WL 3507464 (unpublished) - In this felon in possession case, district court did not clearly err in finding that defendant possessed firearm "in connection with another felony offense" and applying four-level sentence enhancement pursuant to USSG section 2K2.1(b)(6), where gun was found in defendant's motel room, along with heroin, marijuana and drug paraphernalia, during execution of search warrant. Also, court did not abuse its discretion in sentencing at the low end of the guideline range, especially in light of his criminal history, in spite of defendant's drug addiction, minimal education, age and family ties.

Full post as published by Tenth Circuit Blog on August 15, 2008 (boomark / email).