United States v. Howell

MURPHY, Circuit Judge.

Anthony Tyrone Howell pled guilty to possessing a firearm after having been convicted of a felony, in violation of 18 U.S.C. § 922(g)(1). The district court 1 found on the basis of undisputed facts that Howell had used the firearm in connection with the commission of a robbery and applied a guideline cross reference for robbery offenses before sentencing him to serve 90 months. Howell appeals, contending that application of the cross reference violated rights guaranteed him under the Fifth and Sixth Amendments. We affirm.

I

On October 6, 2008 the Brooklyn Center Police…