US, et al v. Marceau

Filing 920090126

Opinion

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var WPFootnote1 = 'We take the facts from the Prosecution Version of Events -- to\
which Marceau admitted during his plea colloquy -- and the Revised\
Presentence Investigation Report ("PSR"), the facts of which were\
not challenged.\
'

var WPFootnote2 = 'Vermont law enforcement officers were familiar with Marceau\
because he had been arrested for possession with intent to\
distribute marijuana about a week after the MMS robbery.\
'

var WPFootnote3 = 'Section 2K2.1(b)(6) applies to defendants who use or possess "any\
firearm or ammunition in connection with another felony offense; or\
possessed or transferred any firearm or ammunition with knowledge,\
intent, or reason to believe that it would be used in connection\
with another felony offense."\
'

var WPFootnote4 = 'Marceau\'s criminal record included Vermont convictions for simple\
assault in 2006 and illegal alcohol consumption, providing false\
information to a police officer and violating conditions of release\
in 2007. Each conviction was worth one criminal history point.\
'

var WPFootnote5 = 'Pub. L. No. 103-322, §§ 110102, 110105, 108 Stat. 1796, 1996-98,\
2000.\
'

var WPFootnote6 = 'We note that Congress has enacted several laws criminalizing the\
possession of otherwise legal weapons, depending on the status of\
the individual defendant. See, e.g., 18 U.S.C. § 922(g)(1-9)\
(listing various groups of individuals for whom possession of any\
firearm is illegal).\
'

var WPFootnote7 = 'We also note that the district court explicitly detailed its\
consideration of the factors enumerated in § 3553(a), referencing\
the harm caused to MMS\'s owner, its insurance company, and the\
community. The court also considered the support Marceau received\
from his family, as well as his past criminal history and drug use. \
Given the nature of the crime and Marceau\'s intentions to parlay\
the gun theft into money for drugs, the court reasonably concluded\
that Marceau was using "violence to create a possibility of more\
violence."\
'

var WPFootnote8 = 'The court\'s comparison took place during Tamiso\'s sentencing,\
approximately one month after Marceau\'s.\
'

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