United States v. Crisconi Davis, Jr.

Crisconi E. Davis, Jr. pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court 1 sentenced him to 71 months’ imprisonment. He appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

Davis believes the 34-month upward variance (guidelines range 30 to 37 months) was unreasonable because “the court rejected the guidelines based on the overriding consideration that Mr Davis’ ‘guidelines come out at a lesser sentence than’ his longest prior sentence of four years.” Davis contends this “stair-step sentencing…