United States of America, Plaintiff-Appellee-Cross-Appellant v. Raymond Lee Kilgore, Defendant-Appellant-Cross-Appellee

Kilgore was sentenced to a term of 92 months for being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Kilgore appeals from his sentence, and the government cross-appeals. The government argues that Kilgore’s prior burglary and assault convictions mandated sentencing him as an armed career criminal under 18 U.S.C. § 924 (e). Kilgore argues that he should have received a lower sentence for his conviction under 18 U.S.C. § 922 (g)(1) because his prior convictions were not violent felonies and because he accepted responsibility for his crime. See United States Sentencing Commission, Guidelines Manual, §§ 2K2.1, 3E1.1. The district court had jurisdiction under 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 18 U.S.C. § 3742 . We vacate the sentence and remand for resentencing on the basis of the government’s cross-appeal, and thus have no need to reach Kilgore’s sentencing arguments.

Kilgore pleaded guilty to one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922 (g)(1). The indictment also charged him as an armed career criminal under 18 U.S.C. § 924 (e), which provides a mandatory…