The Eleventh Circuit has affirmed Chadwick Lemaine’s 96-month sentence for possessing a firearm as a felon, rejecting challenges to the district court’s treatment of an armed robbery committed while he was on bond.
Lemaine pleaded guilty to the firearms charge. Before sentencing, prosecutors presented evidence that he participated in a robbery, including phone-location data and communications with a co-conspirator. The district court found the new conduct by a preponderance of the evidence, denied a Guidelines reduction for acceptance of responsibility and imposed an upward variance.
The appellate panel held that the robbery finding was not clearly erroneous and that considering the conduct when withholding the reduction was not plain error. It also found the sentence substantively reasonable in light of Lemaine’s criminal history and conduct after release. The ruling affirms both the conviction and sentence; it does not decide a separate criminal charge for the alleged robbery.
The court’s published October 30 opinion explains the evidentiary and sentencing standards.
