Legal Opinion
United States v. Don Newcombe Brown
Court of Appeals for the Eleventh Circuit
Decided June 5, 2003No. 01-16881PublishedCited by 90 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
In this appeal, we examine the sentencing of a defendant who pled guilty on two counts: using or carrying a firearm “during and in relation to any crime of violence or drug trafficking crime,” in violation of 18 U.S.C. § 924(c), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). We find, in that circumstance, that the retroactively applicable Amendment 599 to the Sentencing Guidelines prohibits enhancing the sentence for the felon-in-possession count with the U.S.S.G. § 2K2.1(b)(5) specific offense characteristic for using a firearm in…
2Cases cited8 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- United States v. DiazCourt of Appeals for the Eleventh Circuit · 2001
- United States v. Wayne Thomas Charles Vautier, A.K.A. Ian Garfield McKinnon Etc.Court of Appeals for the Eleventh Circuit · 1998
- United States v. Mark Henry VincentCourt of Appeals for the Sixth Circuit · 1994
- United States v. Steven H. SandersCourt of Appeals for the First Circuit · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- United States v. Ronald Keith BrownCourt of Appeals for the Eleventh Circuit · 2005
- United States v. HillCourt of Appeals for the Eleventh Circuit · 2011
- United States v. Matthew Mark MorenoCourt of Appeals for the Eleventh Circuit · 2005
- United States v. Anthony GoinesCourt of Appeals for the Fourth Circuit · 2004
- United States v. WilliamsCourt of Appeals for the Eleventh Circuit · 2008
85 more not listed; retrieve them via the Exa API.