In United States v. Chatman, No. 23-7895, a panel of the Second Circuit (Kearse, Sullivan, Robinson, JJ.) summarily affirmed an above-Guidelines sentence for Talmage Chatman, finding no error in the district court’s application of a four-level enhancement based on a video of Mr. Chatman firing the gun or in the district court’s consideration of a pending state indictment in pronouncing sentence.
The district court applied a four-level enhancement by determining that Mr. Chatman was committing another felony (attempted assault) while unlawfully possessing ammunition under 18 U.S.C. § 922(g)(1). It based that finding on a video showed Mr. Chatman firing a weapon while walking down a street, though no other individuals or targets were depicted. Thereafter, the district court considered the fact that Mr. Chatman had been arrested and indicted for a state-law narcotics violation while his federal case was pending, though the state case remained open. Although the parties …