U.S. v. PENN

No. 19-10168.

969 F.3d 450 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Alvin Christopher PENN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed August 5, 2020.


Attorney(s) appearing for the Case

Brian W. Portugal , Leigha Amy Simonton , Assistant U.S. Attorneys, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

James Matthew Wright , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Amarillo, TX, for Defendant-Appellant.

Clark McAdams Neily, III , Jay Remington Schweikert , Washington, DC, for Amicus Curiae Cato Institute.

Before Stewart, Clement, and Costa, Circuit Judges.


Alvin Penn engaged in a shootout with a rival and then fled, crashing his car and tossing the gun a few minutes later. A jury convicted Penn of being a felon in possession of a firearm. At sentencing, the district court ordered Penn to pay restitution for property damaged during the melee. Penn argues that his...

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