U.S. v. GOGGINS

No. 96-3154.

99 F.3d 116 (1996)

UNITED STATES of America v. Damond Greg GOGGINS, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 30, 1996.


Attorney(s) appearing for the Case

Shelley Stark, Federal Public Defender, W. Penn Hackney, First Asst. Federal Public Defender, Karen Sirianni Gerlach, Asst. Federal Public Defender, Pittsburgh, PA, for Appellant.

Frederick W. Thieman, United States Attorney, Bonnie R. Schlueter, Assistant U.S. Attorney, Gregory J. Nescott, Assistant U.S. Attorney, Pittsburgh, PA, for Appellee.

Before: MANSMANN and GREENBERG, Circuit Judges, and HILLMAN, District Judge.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

Appellant Damond Goggins appeals from a judgment of conviction and sentence in this criminal case. He limits his appeal to the contention that the district court improperly imposed a 2-level enhancement of his sentencing level under U.S.S.G. § 2D1.1(b)(1) ("section 2D1.1(b)(1)") for possession of a firearm. The issue before us is whether the court was barred from imposing this enhancement by the circumstance...

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