United States v. Simmon

MEMORANDUM OPINION & ORDER

Paul G. Gardephe, United States District Judge

Defendant Servino Simmon — who pleaded guilty to a felon in possession charge, pursuant to 18 U.S.C. § 922(g) — is scheduled for sentencing on December 29, 2015. In a July 28, 2015 Order, this Court ruled on a number of issues relating to the proper application of the Sentencing Guidelines.1 (Dkt. No. 99) On October 30, 2015— at the Defendant’s request — this Court conducted a Fatico hearing. In a post-hearing submission, Defendant contends that (1) he should not receive a four-level enhancement under the Sentencing…