U.S. v. LEWIS

Nos. 09-4343, 09-4474.

606 F.3d 193 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Derrick E. LEWIS, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Derrick E. Lewis, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 27, 2010.


Attorney(s) appearing for the Case

ARGUED: David Brian Goodhand, Office of the United States Attorney, Alexandria, Virginia, for Appellant/Cross-Appellee. Paul Geoffrey Gill, Office of the Federal Public Defender, Richmond, Virginia, for Appellee/Cross-Appellant. ON BRIEF: Dana J. Boente, United States Attorney, Alexandria, Virginia, Kevin C. Nunnally, Special Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellant/Cross-Appellee. Michael S. Nachmanoff, Federal Public Defender, Alexandria, Virginia, for Appellee/Cross-Appellant.

Affirmed by published opinion. Judge KING wrote the majority opinion, in which Judge GREGORY joined. Judge GOODWIN wrote a separate opinion concurring in part and dissenting in part.


OPINION

KING, Circuit Judge:

Derrick E. Lewis appeals from his conviction and sentence in the Eastern District of Virginia for unlawful possession of a firearm by a convicted felon, in contravention of 18 U.S.C. § 922(g)(1). After Lewis committed the offense of conviction, but before he was sentenced, the Sentencing Guidelines were amended to include a higher base offense level for the offense, resulting in...

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