Felon in possession of a firearm aggravated sentence

Defendant in felon in possession of a firearm case receives aggravated sentence 

Defendant pleaded guilty to being a felon in possession of a firearm.  Upon consideration of the statutory sentencing factors, the trial court concluded that aggravating factors, including discharging a firearm in the vicinity of his wife and pointing it in the direction of a bystander, outweighed the mitigating factors.  The District Court therefore varied upward for defendant’s sentencing.

Where the District Court thoroughly explained its reasons for imposing an upward variance to defendant’s sentence, it did not abuse its sentencing discretion.  Judgment is affirmed.

United States v. Garcia, 18-2125, appealed from the Western District of Arkansas, per curiam.

Tags: , , , , , , , , ,


DISCLAIMER: Throughout this website, there are statements on various laws. Please note that this is not legal advice, and no reliance should be taken thereon, and an attorney client relationship is not established hereby. Further, please note that these legal statements may not currently be up to date, because the laws can change daily, and this website does not. Thus, you will always need to actually retain a lawyer to establish an attorney client relationship, to rely upon any advice, and to obtain up-to-date legal research. Thank you.