U.S. v. BARTON

No. 95-5542.

100 F.3d 43 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Lynn BARTON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 15, 1996.

Rehearing Denied December 30, 1996.


Attorney(s) appearing for the Case

Hugh B. Ward, Jr. (argued and briefed), Office of the U.S. Attorney, Knoxville, TN, for Plaintiff-Appellant.

Kim A. Tollison (argued and briefed), Federal Defender Services, Knoxville, TN, for Defendant-Appellee.

Before: KRUPANSKY, RYAN, and NORRIS, Circuit Judges.


ALAN E. NORRIS, Circuit Judge.

The question presented in this appeal is whether the federal sentencing guideline for possession of a firearm by a felon includes in the calculation of the base offense level a crime committed after the firearm offense, where the defendant is convicted and sentenced on the latter offense prior to sentencing on the felon-in-possession charge. We hold that it does not.

I. FACTS

On February 4, 1993, officers of the Maryville...

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