United States v. Gordon Allen Maltais

BRORBY, Circuit Judge.

Mr. Maltais violated his probation. The sentencing court sentenced him to a longer sentence than it could have originally imposed under the Sentencing Guidelines which were in effect at the time it placed. him on probation. Mr. Maltais appeals the sentence. We reverse.

Facts

In 1988, Mr. Maltais, a convicted felon, fired approximately 100 rounds at rest rooms and garbage cans on Forest Service property. Mr. Maltais subsequently entered a guilty plea to the charge of felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).

Mr. Maltais appeared for sentencing…