United States v. Settles

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

A jury convicted Tarik Settles of unlawfully possessing a firearm and ammunition as a convicted felon. See 18 U.S.C. § 922(g)(1). The District Court sentenced Settles to 57 months of imprisonment followed by three years of supervised release. Settles appeals his sentence, arguing that the District Court (i) unconstitutionally relied on acquitted conduct in determining the appropriate sentence and (ii) committed procedural error under the Supreme Court’s Booker line of cases by presuming that a sentence within the…