United States v. Rines

HARTZ, Circuit Judge.

Defendant Stephen W. Riñes pleaded guilty to the charge of possession of ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). He stipulated that (1) he knowingly possessed ammunition and (2) at the time he possessed the ammunition he had been convicted of a crime punishable by more than one year of imprisonment.

After the parties filed their respective positions on sentencing but before the sentencing hearing, the United States Supreme Court handed down Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). The district court…