United States v. David Sahakian

David Sahakian was convicted by a federal jury for violation of 18 U.S.C. § 922 (g)(1) (1988) (felon in possession of a firearm) and sentenced to a term enhanced by 18 U.S.C. § 924 (e)(1) (Armed Career Criminal Act). He appeals from both his conviction and the 360-month sentence imposed under the Sentencing Guidelines. He claims his sentence was improperly based on the court’s application of the Career Offender guideline set forth in United States Sentencing Commission, Guidelines Manual (U.S.S.G.), § 4B1.1 (Nov. 1990). We affirm Sahakian’s conviction because the claims of trial error do not merit reversal. The Guidelines sentence, however, presents a serious issue, because the proper application in this circuit of section 4B1.1 to persons convicted of being a felon in possession was unsettled at the time of sentencing. We now hold that, following the November 1,1989 revision of the definitional provision of U.S.S.G. § 4B1.2, being a felon in possession of a firearm is not a crime of violence for purposes of applying the Career Offender guideline. We vacate the sentence and remand for resentencing.

We turn briefly to the two challenges Sahakian raises to his conviction. Sahakian…