(Download) "United States v. Settle" by United States Court of Appeals for the Tenth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Settle
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 11, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Defendant Jason Settle appeals the district courts denial of his motion to dismiss the indictment on one count of knowingly possessing, in and affecting commerce, a firearm, after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. § 922(g). Settle argues that the district court no longer had jurisdiction when, after pleading guilty to the indictment, he obtained an order from the Shelby County Criminal Court declaring his prior felony conviction, upon which his federal indictment is based, to be void ab initio. Settle also appeals his sentence, arguing that the court erred in finding that the relevant conduct of his felon-in-possession conviction required that he be sentenced under U.S. SENTENCING GUIDELINES MANUAL ("GUIDELINES") § 2K2.1(c)(1)(A). For the reasons that follow, we AFFIRM Settles sentence and the district courts order denying his motion to dismiss the indictment.