U.S. v. Settles

Dist. Ct. did not err in imposing above-Guideline, 87-month term of incarceration on charge of unlawful possession of firearm by felon. Instant charge arose out of incident where defendant arrived at ex-girlfriend’s house with loaded handgun and demanded to be let inside. Applicable guideline range was 33 to 41 months, and Dist. Ct. justified longer sentence based on dangerousness of defendant’s conduct and his extensive criminal history. While Ct. of Appeals found that Dist. Ct. should not have used procedure that attributed additional offense levels that corresponded to sentencing factors contained in section 3553(a), because Dist. Ct. was using enhancements that did not formally apply, no remand was required, where Dist. Ct. also provided more traditional explanation that described why above-Guideline sentence was reasonable given all factors under section 3553(a). Ct. also rejected defendant’s contention that Dist. Ct. had double-counted his criminal history and relied on inaccurate information regarding status of his outstanding warrants.