Bolstering Deferential Standards of Review and Circuit Precedent: Eleventh Circuit Affirms Felon in Possession of a Firearm Conviction, Sentencing Guidelines, and Forfeiture Order

United States v. Stone

By Mary Elaine Mitchell

In United States v. Stone, the Eleventh Circuit addressed three issues that resulted from a felon in possession conviction that reinforced their reliance on deferential standards of review. Specifically, the Eleventh Circuit addressed the constitutionality of a felon-in-possession statute, Sentencing Guidelines, and forfeiture proceedings. While the defendant alleged the district court’s felon-in-possession conviction was unconstitutional and the resulting forfeiture order and enhanced sentencing was in error, the Eleventh Circuit affirmed the district court. The Eleventh Circuit specifically found the applicable felon-inpossession statute was constitutional as applied to the defendant, and it found the district court did not err in enhancing the defendant’s sentence while also imposing a forfeiture order.

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