Gun offenses are serious crimes in Florida, under both state and federal laws. In a recent case out of Pinellas County, the U.S. Court of Appeals for the Eleventh Circuit explained that the feds have the right to impose strict penalties for gun crimes. The court also made clear that those penalties may be even more harsh when the person charged has a prior criminal record.
A defendant was convicted of two counts of robbery in Pinellas County in 2008. Seven years later, he was charged with possessing a firearm. Federal law bans convicted felons from owning or possessing guns. After he pleaded guilty to the crime, prosecutors asked a federal judge to give him a longer stint behind bars because of his previous robbery convictions, which the prosecutors characterized as crimes of violence. Federal sentencing guidelines provide for an enhanced sentence when a person has previously been convicted of such a crime.
The court took the prosecutors’ advice, but it also said it would account for the fact that the defendant admitted his guilt. The court sentenced him to 30 months in prison and another three years of supervised release, near the high end of the recommended penalty. He later appealed the decision, arguing that the court wrongly determined that his previous convictions were for crimes of violence.