United States v. McGrew

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After defendant pleaded guilty to unlawful possession of a firearm, he was sentenced to the statutory maximum penalty of 120 months in prison. On appeal, defendant challenged his sentence and argued that the district court improperly calculated his Sentencing Guidelines range. The court concluded, however, that it need not address the merits of defendant's contentions because even if the district court erred in its Guidelines calculation, its sentence is affirmable. In this case, the district court founded its sentence upon its determination that the statutory maximum is the appropriate sentence and that no sentence within any argued Guidelines range would suffice in this circumstance. Because any error was harmless, the court affirmed the judgment. View "United States v. McGrew" on Justia Law