Legal Opinion

United States v. Gordon

Court of Appeals for the Fifth Circuit

Decided September 11, 2003No. 03-60085PublishedCited by 25 opinions

1Per curiam

John Christopher Gordon appeals his conviction and sentence for being a felon in possession of a firearm. His appeal raises issues of ineffective assistance of counsel and whether the district court’s application of U.S.S.G. § 4A1.1(b) was plain error. Because the record before us is insufficient, we decline to consider Gordon’s ineffective-assistance claims. Because we find that the district court plainly erred in adding two points to Gordon’s criminal history score under § 4A1.1(b), we vacate and remand the matter for further proceedings.

Gordon’s presentence report calculated a criminal…

2Cases cited15 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Massaro v. United StatesSupreme Court of the United States · 2003
  3. United States v. Tommy Ray HigdonCourt of Appeals for the Fifth Circuit · 1987
  4. United States v. Kathleen Kremser JonesCourt of Appeals for the Sixth Circuit · 1997
  5. United States v. GibsonCourt of Appeals for the Fifth Circuit · 1995

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3Cited by25 opinions

  1. United States v. GrammasCourt of Appeals for the Fifth Circuit · 2004
  2. United States v. PopeCourt of Appeals for the Fifth Circuit · 2006
  3. United States v. GarciaCourt of Appeals for the Fifth Circuit · 2009
  4. United States v. Starsky Darnell ReddCourt of Appeals for the Fifth Circuit · 2003
  5. United States v. MontesCourt of Appeals for the Fifth Circuit · 2010

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