(Download) "United States v. Spoone" by Fourth Circuit U.S. Court Of Appeals " eBook PDF Kindle ePub Free

July 11, 2021

eBook details

Title: United States v. Spoone
Author : Fourth Circuit U.S. Court Of Appeals
Release Date : January 05, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 53 KB

Description

Bobby Forrester Spoone, Jr., pled guilty to one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. Â§ 922(g)(1) (1994). The court sentenced Spoone to imprisonment for 188 months, followed by supervised release for five years. Spoone appeals. Spoones attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), addressing: (1) whether the district court complied with FED. R. CRIM . P. 11 in the taking of Spoones guilty plea, and (2) whether the court erred in calculating Spoones guideline range and sentencing him to 188 months incarceration. Counsel asserts that there are no meritorious grounds for appeal. Spoone filed a pro se supplemental brief arguing that he was not the owner of the gun he was charged with possessing and that he only used the gun in self-defense. Our review of the record reveals error in the computation of Spoones sentence under the U.S. Sentencing Guidelines Manual. Therefore, we vacate the sentence and remand for resentencing.