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Defendant Contends Four Level Enhancement of Sentence Was Incorrect


A New York Drug Crime Lawyer said the defendant is appealing a 75 month sentence that was imposed on him when he pled guilty to being a felon in possession of a firearm. The defendant argues on appeal that the district court made an error when they imposed a four level enhancement to his sentencing. He also argues that his counsel was ineffective because they did not object to the investigation reports application and that they failed to show that the possession of a firearm did not meet the requirements for an enhancement.

Case Discussion and Decision

A New York Criminal Lawyer said in this case the court did not err in the calculation of the sentence of the defendant. When calculating a sentence based on the guideline ranges that are provided the court can apply a four level enhancement to the charge if the firearm is possessed and found to be in connection with any other felony offense.

A Nassau Criminal Lawyer said when the defendant was arrested he possessed less than an ounce of marijuana in addition to the firearm. While the marijuana possession charge does not qualify as a felony charge, the defendant had been convicted for drugs before at the felony level, which made him a classified felon at the time he was sentence.

For this reason, the court is affirming the sentence and the appeal is denied.
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