United States v. Michael Hester

RESTREPO, Circuit Judge.

Michael Hester was convicted of being a felon in possession of a firearm following the District Court's denial of his motion to suppress. At sentencing, the District Court applied a four-level enhancement to Hester's Guidelines range under the theory that Hester's possession itself constituted New Jersey evidence tampering. In light of the District Court's uncertainty regarding the proper application of the enhancement, the court varied downward to mitigate its effect, and sentenced Hester to 86 months' imprisonment. Hester appeals both the denial of the motion to…