United States v. Hurlich

TACHA, Chief Circuit Judge.

Defendant Quentin Hurlich pleaded guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). The district court granted a four-level enhancement in the offense level and departed upward substantially from the sentencing guidelines, sentencing him to 10 years’ imprisonment to run consecutively to his state sentence. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a)(3) and REMAND for resentencing.

I. Background

On June 3, 1999, Hurlich entered Zions Bank in Murray, Utah and attempted to cash a forged check.…