US v. Bauer, No. 10-1265

By FindLaw Staff on November 17, 2010 | Last updated on March 21, 2019

Felon in Possession Sentence Affirmed

In US v. Bauer, No. 10-1265, the court affirmed defendant's sentence for being a felon in possession of a firearm where defendant's contention that U.S.S.G. Application Note 3(D) did not apply to section 5G1.3(b) and only applied to different rules within the commentary to section 5G1.3(c) was unpersuasive.

As the court wrote:  "Christopher Bauer pled guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court sentenced Bauer to 86 months imprisonment, to run concurrently with terms of imprisonment imposed in connection with eight Iowa state convictions. Bauer appeals his sentence, challenging the district court's conclusion Bauer was not entitled to credit for time served on one of the Iowa sentences for conduct relevant to the instant offense, relying on United States Sentencing Guidelines (U.S.S.G. or Guidelines) § 5G1.3(b). We affirm."

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