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US v. Harris, No. 09-50113

By FindLaw Staff on January 05, 2011 | Last updated on March 21, 2019

Felon in Possession Appeal Dismissed

In US v. Harris, No. 09-50113, the court dismissed defendant's appeal from his sentence for being a felon in possession of a firearm and ammunition where defendant validly waived his right to challenge a sentence within a Guideline range, even if his sentence included the "crime of violence" enhancement.


As the court wrote:  "On March 10, 2008, Harris pleaded guilty, pursuant to a written plea agreement, to being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). At sentencing, the government requested that Harris's sentence be enhanced pursuant to U.S.S.G. § 2K2.1(a) based on Harris's previous first-degree burglary conviction in California state court."

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