Denico N. Hudson v. United States

I. A CRIMINAL DEFENDANT HAS A RIGHT TO BE SENTENCED ON ACCURATE INFORMATION. USSG §2K2.1(b)(1)(C) APPLIES A SIX-LEVEL INCREASE TO THE ADVISORY GUIDELINE OFFENSE LEVEL WHERE THE OFFENSE CONDUCT INVOLVES MORE THAN 25 MACHINE GUN CONVERSION DEVICES. WHERE NO RELIABLE FACTS ESTABLISH THE THRESHHOLD, IS THE EVIDENCE INSUFFICIENT TO SUPPORT THE SIXLEVEL INCREASE? II. A CRIMINAL DEFENDANT HAS A RIGHT TO BE SENTENCED ON ACCURATE INFORMATION. USSG §2K2.1(b)(6)(B) APPLIES A FOURLEVEL INCREASE TO THE ADVISORY GUIDELINE OFFENSE LEVEL WHERE POSSESSION OR TRANSFER OF A FIREARM OCCURS WHEN IT WILL BE USED OR POSSESSED IN CONNECTION WITH ANOTHER FELONY OFFENSE. WHERE NO RELIABLE FACTS ESTABLISH USE OR POSSESSION IN ANOTHER FELONY, IS THE EVIDENCE INSUFFICIENT TO SUPPORT THE FOUR-LEVEL INCREASE? III. A CRIMINAL DEFENDANT HAS THE RIGHT TO BE SENTENCED ON ACCURATE INFORMATION. USSG §3B1.2 ALLOWS A TWO- OR FOURLEVEL DECREASE TO THE ADVISORY GUIDELINE OFFENSE LEVEL FOR OFFENDERS THAT HAVE A MINOR ROLE IN THE OFFENSE CONDUCT. WHERE THE RECORD ESTABLISHES A PREPONDERANCE OF THE EVIDENCE TO SUPPORT MR. HUDSON’S MINOR ROLE, DID THE TRIAL COURT ABUSE ITS DISCRETION IN DENYING THE TWO- OR FOURLEVEL REDUCTION?