UNITED STATES v. LUCAS

No. 22-50064.

70 F.4th 1218 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco LUCAS, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2023.


Attorney(s) appearing for the Case

Sonam A. H. Henderson (argued), Deputy Federal Public Defender; Cuauhtemoc Ortega , Federal Public Defender; Federal Public Defender's Office; Los Angeles, California; for Defendant-Appellant.

Bradley E. Marrett (argued), Assistant United States Attorney; Bram M. Alden , Assistant United States Attorney, Criminal Appeals Section Chief; Stephanie S. Christensen , Acting United States Attorney; Office of the United States Attorney; Santa Ana, California; for Plaintiff-Appellee.

Dissent by Judge Hurwitz.


OPINION

Francisco Lucas, Jr., pleaded guilty to unlawful possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Lucas now appeals from the district court's sentencing order, which imposed a heightened base offense level under United States Sentencing Guidelines § 2K2.1(a)(4)(B). We have jurisdiction...

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