(DOWNLOAD) "United States v. Caraway" by United States Court of Appeals for the Tenth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Caraway
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 09, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Mareco Caraway appeals his conviction and sentence for being a felon in possession of a firearm. Mr. Caraway argues on appeal that the evidence presented at trial was constitutionally insufficient to sustain his conviction, and that the district court abused its discretion in allowing the prosecutor to introduce certain evidence to rebut the testimony of a defense witness. Mr. Caraway also argues that his sentence violates the Sixth Amendment because he received a one-level enhancement under the armed career criminal sentencing guideline based on the district courts finding that he possessed the firearm in connection with a violent felony, in this case assaulting the police officer who attempted to apprehend him. U.S.S.G. § 4B1.4(b)(3) (2002). We affirm Mr. Caraways conviction, but vacate Mr. Caraways sentence and remand the case for resentencing in light of United States v. Booker, 125 S.Ct. 738 (2005).