DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
053423P.pdf 10/27/2006 United States v. Robert E. Maloney
U.S. Court of Appeals Case No: 05-3423
and No: 05-3724
District of Minnesota
[PUBLISHED][Colloton, Author, with Chief Judge Loken and Melloy,
Circuit Judges]
Criminal Case - conviction and sentence. Conviction for possessing
firearm by felon is affirmed, as sufficient evidence was presented
that defendant knew of sawed-off shotgun that was found in car
defendant was driving, based on inferences that could be drawn from
defendant's familiarity with objects in car, his admission about
"things" in the car and his evasion from authorities. District court's
50% reduction in sentence from 360 to 180 months is reversed. Variance
for career offender at statutory minimum rather than at statutory
maximum, based on defendant's age, and without regard to avoiding
sentence disparities was unreasonable.