Author Archive | Ashok Chandran

Friday, November 22nd, 2024

Second Circuit affirms above-Guidelines sentence, finding sufficient context and reliability for both ambiguous video and pending state indictment

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 …


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Categories: 922(g), sentencing, sentencing findings

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