US Court of Appeals for Washington D.C. Opinions

In re Sealed Case, No. 07-3132
An 18 month prison sentence imposed after revocation of supervised release arising from a guilty plea to distribution of cocaine base, unlawful use of a communication facility and carrying a firearm during a drug traffic offense is vacated and remanded for further explanation where: 1) a failure to provide a statement of reasons as required by 18 U.S.C. section 3553(c) was plain error; and 2) revocation of the supervised release as a standard policy was not prejudicial error since the court found defendant had committed several violations of his release conditions and found him incapable of supervision.

 

U.S. v. Wheeler, No. 05-3038 (US Court of Appeals - DC, May 16, 2008)
A conviction for using, carrying, and possessing a firearm in violation of 18 U.S.C. section 924(c)(1) is affirmed over claims of error regarding: 1) the sufficiency of the evidence to support the conviction; and 2) an instruction to the jury regarding the use of a firearm in relation to the underlying crime.