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Home / Opinion Digests / Criminal Law / CAV: Sentence enhancement for federal conviction improper (access required)

CAV: Sentence enhancement for federal conviction improper (access required)

The trial court erred in finding that the federal statute underlying the defendant’s prior conviction for felony possession of a firearm was substantially similar to the state law under which the defendant was most recently convicted. Because the federal law encompasses conduct that would not constitute a violation of the state law, resentencing was required. Background Appellant ...