U.S. v. Legros, No. 05-2828-cr (2nd Cir.) (529 F.3d 470) (June 17, 2008) (Judge Robert D. Sack)
Loaded on July 1, 2008
published in Punch and Jurists
July 28, 2008
Filed under:
Punch And Jurists,
Possession or Use of Firearms.
Sentence enhancement for possessing a firearm in connection with another felony offense is vacated and remanded for resentencing where, in absence of a more detailed explanation identifying facts in the record which would support finding defendant's commission of other felony crimes, the district court's factual findings on the record alone …
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More from this issue:
- U.S. v. King, No. 1:98-CR-001 BSJ (D.Utah) (551 F.Supp.2d 1298) (March 14, 2008) (Judge Bruce S. Jenkins)
- U.S. v. Porter, No. 03-CR-0129(CPS) (E.D.N.Y.) (555 F.Supp.2d 341) (April 11, 2008) (Judge Charles P. Sifton)
- U.S. v. Reynolds, No. Misc. No. H-07-0699 (S.D.Tex.) (553 F.Supp.2d 788) (April 10, 2008) (Judge Simeon T. III Lake)
- U.S. v. Rausch, No. 07-cr-00497-JLK (D.Colo.) (570 F.Supp.2d 1295) (August 12, 2008) (Judge John L. Jr. Kane)
- U.S. v. Parris, No. 05-CR-636 (FB) (S-2) (E.D.N.Y.) (573 F.Supp.2d 774) (August 14, 2008) (Judge Frederic Block)
- U.S. v. Askew, No. 04-3092 (D.C. Cir.) (529 F.3d 1119) (June 20, 2008) (Judge Harry T. Edwards)
- U.S. v. Johnson, No. 06-0594-cr (2nd Cir.) (529 F.3d 493) (June 19, 2008) (Judge Pierre N. Leval)
- U.S. v. Booker, No. CR-08-19-B-W (D.Me.) (557 F.Supp.2d 153) (August 11, 2008) (Judge John A. Jr. Woodcock)
- U.S. v. Campa, No. 01-17176 (11th Cir.) (529 F.3d 980) (June 4, 2008) (Judge William H. Jr. Pryor)
- U.S. v. Straub, No. 07-30182 (9th Cir.) (538 F.3d 1147) (August 15, 2008) (Judge Jay S. Bybee)
- U.S. v. Legros, No. 05-2828-cr (2nd Cir.) (529 F.3d 470) (June 17, 2008) (Judge Robert D. Sack)
- Arar v. Ashcroft, No. 06-4216-cv (2nd Cir.) (532 F.3d 157) (June 30, 2008) (Judge Jose A. Cabranes)
More from these topics:
- Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate, July 1, 2025. Preponderance of the Evidence Standard, Possession or Use of Firearms, Collective Knowledge Doctrine.
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024. U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve.
- Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions, June 15, 2023. Firearms Owners' Protection Act, Possession or Use of Firearms, Knowingly and Voluntarily Made.
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- SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’, May 1, 2022. Offense Statutory Maximum, Possession or Use of Firearms.
- Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’, March 15, 2022. Solicitation to Commit a Crime of Violence, Possession or Use of Firearms, Hobbs Act.
- Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes, Sept. 15, 2021. RICO, Possession or Use of Firearms, Gang Membership.
- The Many Roads to Relief Under Borden, Aug. 15, 2021. Mandatory Minimum Sentence, Possession or Use of Firearms.
- Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute, May 15, 2021. Possession or Use of Firearms.
- Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively, Jan. 15, 2021. Possession or Use of Firearms, Firearms, Constructive/Imputed/Presumed knowledge.