United States v. Neal

EMILIO M. GARZA, Circuit Judge:

Defendant Joseph M. Neal appeals his 188-month sentence for being a felon in possession of firearms in violation of 18 U.S.C. § 922(g)(1). For the following reasons, we vacate the sentence and remand for re-sentencing.

I

Neal, who was previously convicted of a drug-related felony, was found in possession of firearms. The facts are largely undisputed: Police officers responded to a domestic disturbance call at Neal’s apartment. Upon arrival, Neal’s estranged girlfriend informed the officers that Neal was in possession of illegal drugs. Neal consented to a search of…