Legal Opinion

United States v. Kevin Wesley Nichols

Court of Appeals for the Ninth Circuit

Decided October 6, 2006No. 05-30503PublishedCited by 38 opinions

1Opinion of the Court

FISHER, Circuit Judge.

Kevin Nichols appeals his 57-month sentence following his guilty plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291.

Nichols challenges the district court’s enhancement of his base offense level under U.S.S.G. § 2K2.1(b)(5), which provides for a four-level increase “[i]f the defendant used or possessed any firearm ... in connection with another felony offense.” He argues that this provision applies only to firearms listed in the count of conviction or underlying indictment.…

2Cases cited15 opinions

  1. United States v. CantrellCourt of Appeals for the Ninth Circuit · 2006
  2. United States v. Rodney Robert Kimbrew, A.K.A. Carlton CochranCourt of Appeals for the Ninth Circuit · 2005
  3. United States v. Sylvester Norman Knows His Gun, IIICourt of Appeals for the Ninth Circuit · 2006
  4. Richard Allan MORAN, Petitioner-Appellant, v. E.K. McDANIEL, Warden, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1996
  5. United States v. Paul Y.B. HahnCourt of Appeals for the Ninth Circuit · 1992

10 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. United States v. Corona-VerberaCourt of Appeals for the Ninth Circuit · 2007
  2. United States v. PhillipsCourt of Appeals for the Sixth Circuit · 2008
  3. United States v. James R. GarnerCourt of Appeals for the Ninth Circuit · 2007
  4. United States v. Karl AmersonCourt of Appeals for the Sixth Circuit · 2018
  5. United States v. Roy Toves CabaccangCourt of Appeals for the Ninth Circuit · 2007

33 more not listed; retrieve them via the Exa API.

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