Legal Opinion
United States v. Laihben
Court of Appeals for the Eleventh Circuit
Decided February 18, 1999No. 96-5174PublishedCited by 13 opinions
1Opinion of the Court
BLACK, Circuit Judge:
Appellant Clifford Laihben appeals his 25-month sentence for conspiracy to make false statements to a federally licensed firearms dealer, in violation of 18 U.S.C. § 371. He asserts that the district court erred by increasing his base offense level under U.S.S.G. § 2K2.1(a)(4)(A). 1 To resolve this issue, we must determine whether the language “had one prior felony conviction” includes a felony conviction which occurred after the commission of, but before sentencing on, the federal firearms offense. Although the guideline language is ambiguous, the commentary is clear.…
2Cases cited7 opinions
- Stinson v. United StatesSupreme Court of the United States · 1993
- United States v. BehrCourt of Appeals for the Eleventh Circuit · 1996
- United States v. Michael Lynn BartonCourt of Appeals for the Sixth Circuit · 1996
- United States of America, Plaintiff/appellee/cross-Appellant v. Tommy Blake McCary Defendant/appellant/ Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1994
- United States v. GoodenCourt of Appeals for the Fifth Circuit · 1997
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. Dustin John HiggsCourt of Appeals for the Fourth Circuit · 2003
- Cofske v. United StatesCourt of Appeals for the First Circuit · 2002
- United States v. Derek Pedragh, Also Known as Derrick Pedraja, Also Known as Derik Pedraja, Also Known as Derek PedrajaCourt of Appeals for the Second Circuit · 2000
- United States v. Ryan Dale OetkenCourt of Appeals for the Eighth Circuit · 2001
- United States v. Donald Keith KroegerCourt of Appeals for the Eighth Circuit · 2000
8 more not listed; retrieve them via the Exa API.