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Courts Affirms Multiple Enhancements for Bringing Gun to Probation Office

By Jonathan Byrne

US v. Perez: Perez was an illegal alien who was arrested by ICE when he appeared for a meeting with his Maryland state probation officer. A search of his backpack uncovered a loaded handgun and additional ammunition. Perez was charged with and pleaded guilty to being a felon in possession of a firearm. At sentencing, the district court applied several enhancements not set forth in the PSR, bouncing Perez's Guideline range from 27-33 months to 63-78 months. The district court then imposed a sentence of 96 months in prison.On appeal, Perez challenged both the calculation of his Guideline range and the substantive reasonableness of his sentence. The Fourth Circuit rejected all those arguments and affirmed. As to the Guidelines, Perez first challenged the four-level enhancement under USSG 2K2...continue to full post

Full post as published by Fourth Circuit Blog on July 13, 2010 (boomark / email).