United States v. Jeremy D. Hagenow

WILLIAMS, Circuit Judge.

In this appeal, we consider for the second time Jeremy Hagenow’s sentence for his conviction of being a felon in possession of a firearm and ammunition. At the initial sentencing hearing, the government introduced an affidavit attached to an information to demonstrate that Hagenow’s prior conviction for criminal confinement was for a “crime of violence” within the meaning of the sentencing enhancement provided in U.S.S.G. § 2K2.1. Subsequent case law made clear that such an affidavit was not an acceptable way of showing that a conviction constituted a crime of…