U.S. v. Meija

Dist. Ct. did not err in sentencing defendant to above-guideline, 93-month term of incarceration on charge of felon in unlawful possession of firearm charge, even though applicable guideline range for said offense was 51 to 63 months incarceration. Dist. Ct. could look to defendant’s prior criminal history, as well as bar fight incident to justify instant sentence, where bar fight incident resulted in defendant drawing knife on third party and encouraging fellow gang member to come to his aid under circumstances where gun-shots were fired. Moreover, Dist. Ct. could view defendant’s actions during bar fight as aggravated assault.