Roel Daniel Galvan v. United States
DueProcess FifthAmendment
Whether the four-level enhancement for possessing a firearm in connection with another felony offense pursuant to U.S.S.G. §2K2.1(b)(6)(B) applies when the predicate offense is a misdemeanor
QUESTION'PRESENTED FOR REVIEW I. WHETHER THE FOUR LEVEL ENHANCEMENT FOR POSSESSING A FIREARM IN CONNECTION WITH ANOTHER FELONY OFFENSE PURSUANT TO U.S.S.G. §2K2.1(b)(6)(B) APPLY WHEN THE PREDICATE OFFENSE IS A MISDEMEANOR? THE GOVERNMENT REQUESTED THAT THE DISTRICT COURT USE A HYPOTHETICAL GUIDELINE APPROACH TO TURN PETITIONER"S STATE CHARGED MISDEMEANOR INTO A STATE FELONY WHICH IS IN DIRECT CONFLICT WITH THIS COURT'S DECISION IN CARACHURI; ROSENDO v. HOLDER, 130 S.CT..2577 (2010) ' II. WHETHER THE SIXTH AMENDMENT FORBIDS JUDGES FROM FINDING HYPOTHETICAL FACTS NECESSARY TO SUPPORT AN OTHERWISE UNREASONABLE SENTENCE? (i)