US v. Williams, No. 10-1287

Felon in Possession Firearm Affirmed

In US v. Williams, No. 10-1287, the court vacated defendant's sentence for being a felon in possession of a firearm, where the district court correctly concluded that defendant's escape conviction should be analyzed using the modified categorical approach, but procedurally erred by concluding that defendant's 2002 escape conviction was a crime of violence based on the information before it.

As the court wrote:  "A federal grand jury returned an indictment charging Jamaal Williams with being a felon in possession of a firearm, a violation of 18 U.S.C. §§ 922(g), 924(a)(2). After Williams pled guilty, the Presentence Investigation Report ("PSR") calculated an advisory guidelines range of 77 to 96 months' imprisonment, based on a total offense level of 21 and a criminal history category of VI. In calculating the total offense level, the PSR applied a two-level enhancement under U.S.S.G. § 2K2.1(b)(4) (instructing to add two levels if the firearm is stolen) and a three-level reduction under § 3E1.1 (instructing to reduce by up to three levels for acceptance of responsibility) to a base offense level of 22."

Related Resources

• Read the Eighth Circuit's Decision in US v. Williams, No. 10-1287