Federal law typically precludes people convicted of felonies from possessing guns. The courts have some leeway about sentencing people convicted of the offense of being a felon in possession of a firearm, but in many cases, they issue substantial sentences. Recently, a Michigan court issued a ruling explaining what factors are relevant for sentencing purposes following an unlawful possession of a firearm conviction in a case in which the defendant argued his sentence was unreasonable. If you are charged with a weapons offense, it is wise to speak to a Michigan criminal defense lawyer to determine what measures you can take to protect your interests.
The Defendant’s Charge and Conviction
It is alleged that police officers were looking for the defendant, as he was absconding from parole, and there were seven warrants out for his arrest. They received permission from a homeowner to search his house, and during the search, they found the defendant in the basement. He was sleeping on a mattress on the floor near an unloaded pistol and a magazine.
It is reported that the defendant was subsequently charged with being a felon in possession of a firearm. He entered a guilty plea and was sentenced to fifty-one months in prison. He appealed, arguing that his sentence was substantively unreasonable. Continue Reading ›