United States v. Gonzales

BACHARACH, Circuit Judge.

Mr. James Gonzales pleaded guilty to possessing a firearm after a felony conviction. See 18 U.S.C. § 922 (g)(1). The district court sentenced him to 27 months' imprisonment and 3 years of supervised release. In selecting this sentence, the court enhanced the base-offense level under Sentencing Guideline § 3A1.2(c)(1), which applies when the defendant assaults a law-enforcement officer during the course of the offense. But the court erred in interpreting § 3A1.2(c)(1), so we reverse.

1. While fleeing from Albuquerque police officers, Mr. Gonzales pulls a firearm and…