United States v. Tyvion Benson

BENTON, Circuit Judge.

Tyvion Wanye Benson pled guilty to conspiracy to violate 18 U.S.C. § 922 (g)(1) (felon in possession of a firearm), in violation of 18 U.S.C. § 371 . The district court 1 sentenced him to 54 months' imprisonment to run consecutively to a related, undischarged state sentence. Benson appeals. Having jurisdiction under 28 U.S.C. § 1291 , this court affirms.

At the time of sentencing, Benson was serving a 60-month state sentence for possessing a firearm. The state conviction arose from the same conduct as the federal offense. In the plea for the federal offense, the parties…