United States v. Clay

Vacated and remanded by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge AGEE and Judge DEVER joined.

OPINION

HAMILTON, Senior Circuit Judge:

On February 5, 2009, James Clay (Clay) pled guilty to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). Thereafter, the district court sentenced him to sixty months’ imprisonment. In calculating Clay’s advisory sentencing range under the United States Sentencing Guidelines (Guidelines or USSG), the district court counted Clay’s prior conviction for the offense of felony escape under Georgia…