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USAv.Karijmah Tremaine Mosely

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.20-11146
DecidedApril 21, 2022
Reporter31 F.4th 1332
JudgesChief Judge William Pryor, Circuit Judge Jordan, and District Judge Michael Brown sitting by designation; per curiam
Tags
CriminalCriminal ProcedureSentencingAppellate ProcedureVacaturRemandDue Process
Case Summary

Karijmah Mosely pleaded guilty to possessing a firearm as a felon after fleeing police and hiding the gun under a trailer. The presentence report said the firearm had been reported stolen in Hillsborough County, but the district court later said it had been stolen from the police department. The court imposed an 87-month sentence without eliciting objections to its factual findings as required by Eleventh Circuit procedure. Mosely had no chance to challenge the post-hearing finding that the gun was stolen from police. The Eleventh Circuit held that the record was not developed enough to review the dispute and that the court’s failure to provide an opportunity to object was not a merely technical error. It vacated the sentence and remanded for objections and resentencing. The court also directed the written supervised-release condition to match the oral pronouncement. It did not decide the sentence’s substantive reasonableness or Mosely’s challenge to a child-support condition.

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