U.S. v. Young

In prosecution on charge of unlawful possession of firearm by felon, Dist. Ct. did not err in sentencing defendant to 84-month term of incarceration based in part on Guideline note indicating that upward departure from defendant’s guideline range may be appropriate to account for defendant’s two prior burglary convictions that technically were no longer considered to be crimes of violence. While defendant argued that Dist. Ct. committed procedural error by finding that his prior burglary convictions involved violence, record showed that Dist. Ct. actually made no such finding and did not adjust sentence on that basis. Moreover, Dist. Ct. could properly note that: (1) defendant’s calculated offense level did not adequately capture concerns raised by person with two prior burglary convictions carrying firearm in instant offense, and (2) defendant tested positive for drugs shortly after his release from prison. As such, at most, Dist. Ct. adjusted defendant’s sentence within applicable guideline range, which it was free to do.