United States v. Gerald Tate

MEMORANDUM

Gerald Tate, who pleaded guilty to the offense of felon in possession of a firearm, 18 U.S.C. §§ 922 (g)(1), 924(a)(2), appeals the 120-month sentence imposed by the district court. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

In October 2014, Tate had a violent argument with his ex-girlfriend Tiffany McCollom. McCollom called 911 and told the operator that Tate had hit her on the head with a gun. She relayed the same to the police officers who responded to her 911 call.” Tate was subsequently arrested and booked into state custody. While in custody, Tate made several recorded calls, seemingly to convince McCollom not to testify against him.

In December 2014, a grand jury charged Tate with being a felon in possession. Tate pleaded guilty without a written plea agreement. Prior to sentencing, the district court held an evidentiary hearing, during which the government proffered evidence supporting the application of two enhancements to Tate’s sentence—one for possession of a weapon in connection with a felony, and the other for obstruction of justice. After applying the enhancements, the district court sentenced Tate to 120-months’ imprisonment, which…