United States v. Gilbert Stewart

Vacated and remanded by .published' opinion. Judge MURNAGHAN wrote the majority opinion, in which Judge MOTZ joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

MURNAGHAN, Circuit Judge:

Gilbert Stewart pled guilty to a charge of possessing in December of 1992 a firearm in *122violation of 18 U.S.C. § 922(g), having earlier been convicted in January of 1988 in Maryland state court of a felony (armed robbery). He was sentenced to imprisonment for 30 months. In calculating the appropriate sentencing range under the United States Sentencing Guidelines, the United States District Court for the…