UNITED STATES v. KERSTETTER

No. 22-10253.

82 F.4th 437 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Dylan Gregory KERSTETTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED September 25, 2023.


Attorney(s) appearing for the Case

Brian W. McKay, Esq. , Assistant U.S. Attorney, Ryan Patrick Niedermair , 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, Jason Douglas Hawkins , Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant.

BEFORE Smith, Southwick, and Higginson, Circuit Judges.


Dylan Gregory Kerstetter pled guilty to possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1). On appeal, he argues that a sentencing enhancement that requires certain prior convictions be for offenses committed on different occasions could not be applied unless the facts supporting it were charged in the indictment...

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