United States v. Gooden

BENAVIDES, Circuit Judge:

This direct criminal appeal involves an issue of first impression: whether, in the context of determining a defendant’s base offense level under U.S.S.G. § 2K2.1(a)(4)(A), the term “prior felony conviction” encompasses a conviction that was not sustained until after the defendant committed the offense at issue, but prior to being sentenced. In short, we determine whether the term “prior” refers to convictions sustained prior to sentencing or only to convictions sustained prior to the commission of the instant offense.

I. BACKGROUND AND PROCEDURAL HISTORY

Donald Bruce…