United States v. Stephen Waltower

FLAUM, Circuit Judge.

Stephen Waltower was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He was acquitted of several other drug-related offenses, but the district court took the underlying (acquitted) conduct into consideration at sentencing. The result was a statutory maximum sentence of 120 months. On appeal, Waltower challenges the use of the acquitted conduct at sentencing. He also maintains that his lawyer should have argued that certain post-arrest, self-incriminating statements he made were solicited in violation of Miranda v. Arizona, 384…