U.S. v. Johnson

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 09-3247
Decision Date: 
July 16, 2010
Federal District: 
E.D. Wisc.
Holding: 
Vacated and remanded
Dist. Ct. erred in sentencing defendant to 96-month term of incarceration on charge of unlawful possession of firearm by felon where Dist Ct. applied obstruction enhancement without making required findings as to falsity, materiality or intent of any statement made by defendant to support obstruction enhancement. Dist. Ct. also failed to explain how it arrived at instant above-guideline range sentence under circumstances where Dist. Ct. also indicated that he was proceeding to sentence defendant based on lower advisory guideline range sentence contained in presentence report.