United States v. Fouse

OPINION

GREGORY L. FROST, District Judge.

Appellant, Gerald Wilmer Fouse, appeals from a 92-month sentence imposed after he pleaded guilty to a single count of felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Fouse argues on appeal that the trial judge erroneously relied on conduct from a dismissed count as relevant conduct in determining his sentence, that the trial judge impermissibly increased his criminal history category, that the government violated his plea agreement, that the lack of a mens rea requirement in U.S.S.G. § 2K2.1(b)(4) is impermissible, and that the…