United States v. Luciano

TORRUELLA, Circuit Judge.

This appeal focuses on the district court’s finding that defendant-appellant Ernesto Luciano used a weapon in connection with an assault, triggering a four-level sentencing enhancement. Although Luciano pleaded guilty to one count of being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1), during sentencing he objected to the enhancement and denied using the weapon in connection with an assault.

On appeal, Luciano argues (1) pursuant to Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and United States v. Booker, — U.S. -, 125 S.Ct.…