(DOWNLOAD) "United States v. Goodman" by United States Court of Appeals for the Tenth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Goodman
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 17, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In this case the defendant, Marvin Goodman ("Goodman"), challenges the district courts use of a 1993 Tennessee escape conviction for an enhancement to his sentence under the Armed Career Criminal Act ("ACCA"). Although it is possible that a Tennessee court might no longer consider a violation of house arrest to qualify as an escape under Tennessee law, precedent binds us to consider that conviction a violent felony until such time that Goodman can overturn or expunge that conviction. Goodman also challenges the district courts decision to give him a one-level enhancement for possessing a firearm in connection with a controlled-substance offense. The evidence before the district court did not establish that the firearm was possessed in connection with a controlled-substance offense. We therefore VACATE Goodmans sentence and REMAND to the district court for resentencing consistent with this opinion.