Legal Opinion
United States v. Ombey Mobley
Court of Appeals for the Third Circuit
Decided February 14, 1992No. 90-3832PublishedCited by 118 opinions
1Opinion of the Court
OPINION OF THE COURT
NYGAARD, Circuit Judge.
Appellant, Ombey Mobley, pleaded guilty to violating 18 U.S.C. § 922(g)(1), possession of a firearm by a convicted felon, and received a two level enhancement under United States Sentencing Commission, Guidelines Manual, § 2K2.1(b)(2) (Nov. 1990), because his gun was stolen. He challenges the Guidelines’ enhancement on several statutory and constitutional grounds, with the unifying argument being that the government must show he knew the gun was stolen to enhance his sentence. We will affirm the judgment of sentence.
I
The facts are simple. Mobley and…
2Cases cited45 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Patterson v. New YorkSupreme Court of the United States · 1977
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- Proffitt v. FloridaSupreme Court of the United States · 1976
- United States v. BassSupreme Court of the United States · 1971
40 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- United States v. Sean Michael GrierCourt of Appeals for the Third Circuit · 2007
- United States v. MarzzarellaCourt of Appeals for the Third Circuit · 2010
- Oyenike Alaka v. Attorney General of the United States Secretary of Department of Homeland SecurityCourt of Appeals for the Third Circuit · 2006
- United States v. Eddie Lee GallowayCourt of Appeals for the Eighth Circuit · 1992
- United States v. BartonCourt of Appeals for the Third Circuit · 2011
113 more not listed; retrieve them via the Exa API.