United States v. Lummie Sanders

BOYCE F. MARTIN, JR., Circuit Judge, dissenting.

In the district court’s own words, “[t]he history of this case is indelibly etched in the court’s memory.” This case too will forever be etched in my mind as one of the most fundamentally unfair results that I have ever witnessed in thirty-plus years as a judge.

I

Lummie Sanders was arrested and charged with being a felon in possession of a firearm. The presentence report states that

on November 24, 1992, the defendant personally pawned the shotgun described in the indictment at Silver Hardware and Loan. Since he had prior felony convictions, his…