United States v. Benjamin Pepper

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that both the unlawful possession and unlawful use prongs were met and noting that the firearm transferred to the individual “was not registered, making [the individual’s] possession of it necessarily unlawful”
• holding that the district court did not clearly err in concluding that “[defendant’s] state offense was severable and distinct from the federal offense” even though both were unlawful firearm possession offenses
• holding that the district court could rely on facts in the PSR because the defendant’s objection that he “did not admit the facts” when pleading guilty did “not imply that those facts are untrue”
• holding that the district court did not clearly err in part because two years had passed between the 1 The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri. -2- state and federal offenses
• “If an objection contests the PSR’s recommended application of an enhancement rather than the facts underlying that recommendation, the district court may rely on the facts contained in the PSR.”

Source: CourtListener parenthetical corpus (CC0).