UNITED STATES v. SINCLEAIR

No. 20-10495.

16 F.4th 471 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip Matthew SINCLEAIR, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed October 28, 2021.


Attorney(s) appearing for the Case

Ryan Patrick Niedermair , Ryan Patrick Niedermair, Dallas, TX, Leigha Amy Simonton , Assistant U.S. Attorney, U.S. Attorney's Office Northern District of Texas, for Plaintiff-Appellee.

Camille M. Knight , Burleson, Pate & Gibson, L.L.P., Dallas, TX, for Defendant-Appellant.

Before Davis, Haynes, and Oldham, Circuit Judges.


Phillip Sincleair appeals the application of a two-point firearm sentencing enhancement to his offense level under U.S.S.G. § 2D1.1(b)(1) for possession of a dangerous weapon. Because it is not clear whether the district court determined that Sincleair personally possessed...

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