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U.S. v. HESTER

No. 16-3570.

910 F.3d 78 (2018)

UNITED STATES of America v. Michael HESTER, Appellant.

United States Court of Appeals, Third Circuit.

Filed: November 30, 2018.

Attorney(s) appearing for the Case

MARK E. COYNE, ESQ. , JOHN F. ROMANO, ESQ. [ARGUED], Office of United States Attorney, 970 Broad Street, Room 700, Newark, NJ 07102, Counsel for Appellee United States of America.

LETICIA OLIVERA, ESQ. [ARGUED], K. ANTHONY THOMAS, ESQ. , Office of Federal Public Defender, 1002 Broad Street, Newark, NJ 07102, Counsel for Appellant Michael Hester.

Before: SMITH, Chief Judge, McKEE, and RESTREPO, Circuit Judges.

OPINION OF THE COURT

Michael Hester was convicted of being a felon in possession of a firearm following the District Court's denial of his motion to suppress. At sentencing, the District Court applied a four-level enhancement to Hester's Guidelines range under the theory that Hester's possession itself constituted...

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