Legal Opinion

United States v. Keller

Court of Appeals for the Third Circuit

Decided December 14, 2011No. 11-1172, 11-1173PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This appeal requires us to interpret § 2K2.1(b)(6) of the United States Sentencing Guidelines (USSG), which increases a defendant’s offense level by four points when he “used or possessed any firearm or ammunition in connection with another felony offense.” In a trio of cases over the past decade, we crafted a test for district courts to use in deciding when to apply USSG § 2K2.1(b)(6). We held that for an offense to count as “another felony offense,” it must be distinguished from the firearms offense of conviction in two ways: the offense conduct…

2Cases cited15 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Blockburger v. United StatesSupreme Court of the United States · 1931
  4. Stinson v. United StatesSupreme Court of the United States · 1993
  5. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945

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3Cited by17 opinions

  1. United States v. Malik NasirCourt of Appeals for the Third Circuit · 2021
  2. United States v. Malik NasirCourt of Appeals for the Third Circuit · 2020
  3. United States v. Ricardo MarreroCourt of Appeals for the Third Circuit · 2014
  4. United States v. Allen SmithCourt of Appeals for the Third Circuit · 2014
  5. United States v. Kenneth DouglasCourt of Appeals for the Third Circuit · 2018

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