UNITED STATES OF AMERICA v. KARL DEVON AMERSON - Articles

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Posted by: Landry Butler on Mar 29, 2018

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ARGUED: Peter A. VanGelderen, WILLEY & CHAMBERLAIN LLP, Grand Rapids, Michigan, for Appellant. Jennifer L. McManus, UNITED STATES ATTORNEY’S OFFICE, Grand Rapids, Michigan, for Appellee.

Attorneys 2:

ON BRIEF: Peter A. VanGelderen, WILLEY & CHAMBERLAIN LLP, Grand Rapids, Michigan, for Appellant. Alexis M. Sanford, UNITED STATES ATTORNEY’S OFFICE, Grand Rapids, Michigan, for Appellee.

Judge(s): COLE, Chief Judge; WHITE and BUSH, Circuit Judges.

Court Appealed: Appeal from the United States District Court for the Western District of Michigan at Grand Rapids.

JOHN K. BUSH, Circuit Judge. When are two crimes “part of the same course of conduct?” For a defendant like Karl Amerson, who illegally possessed firearms on two different occasions, the answer under section 1B1.3(a)(2) of the United States Sentencing Guidelines (USSG) could mean almost twice as many years in prison.

We REVERSE the district court’s relevant-conduct finding, AFFIRM its obstruction-of-justice determination, and REMAND for resentencing consistent with this opinion.