U.S. v. KULICK

No. 09-3833.

629 F.3d 165 (2010)

UNITED STATES of America v. Robert John KULICK, Appellant.

United States Court of Appeals, Third Circuit.

Filed: December 29, 2010.


Attorney(s) appearing for the Case

Theodore B. Smith, III [Argued], Gordon A.D. Zubrod , Office of United States Attorney, Harrisburg, PA, Counsels for Appellee.

Peter Goldberger [Argued], Ardmore, PA, Jeffrey M. Miller , Nasuti & Miller, Philadelphia, PA, Lawrence J. Moran , Lenahan & Dempsey, Scranton, PA, Elizabeth J. Reilly-Hodes , Sara B. Richman , Michael Schwartz , Pepper Hamilton , Philadelphia, PA, Counsels for Appellant.

Before: AMBRO, FISHER and GREENBERG, Circuit Judges.


OPINION OF THE COURT

FISHER, Circuit Judge.

Robert John Kulick pled guilty to one count of unlawful possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). The United States Probation Office assigned Kulick a base offense level of 23 under the United States Sentencing Guidelines ("Guidelines"), by cross-referencing a dismissed charge for extortion. Kulick raises two arguments on appeal. First, he contends that the District...

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