United States v. Lombard

LYNCH, Circuit Judge.

Henry Lombard, Jr. and Hubert Hartley were tried separately in the Maine Superior Court in 1992 on charges of murdering two men. Each was acquitted. Afterward, Lombard and Hartley were indicted as co-defendants in the federal district court in Maine on federal firearms and other charges arising out of the murders. Hartley pleaded guilty at mid-trial, but appellant Lombard entrusted his fate to the jury. He was convicted.

At sentencing, under the Guidelines, the district court found by a preponderance of the evidence that Lombard had used his illegally possessed firearm to…