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No. 07-5030
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Henry Coke Morgan, Jr.,
Senior District Judge. (2:07-cr-00046-HCM)
Submitted:
Decided:
PER CURIAM:
Following
jury
trial,
Corey
Jermaine
Troupe
was
by
922(g)(1),
convicted
924(e)(1)
felon,
(2006)
in
violation
(Count
of
Three).
18
The
U.S.C.
district
Troupe
timely appealed.
At
the
close
of
the
Governments
evidence,
Troupe
Federal
Rules
of
Civil
Procedure,
contending
had
in
presented
Greensville
evidence
County,
that
the
Specifically, the
the
Virginia,
that
relevant
but
events
neglected
to
Troupe
contends
denying
the
on
appeal
Rule
29
that
motion
the
and
district
abused
court
its
erred
by
discretion
by
1229, 1235-36 (10th Cir. 2008); United States v. Greer, 440 F.3d
1267, 1272 (11th Cir. 2006); cf. United States v. Lavender, 602
F.2d
639,
641
judicial
(4th
notice
jurisdiction).
question
could
1979)
that
(holding
crime
that
occurred
court
may
within
take
federal
occurred
have
Cir.
taken
in
Greensville
judicial
notice
County,
that
the
proper
district
venue
court
had
been
the
than
take
district
judicial
court
took
notice
the
of
proper
additional
venue,
step
of
2005),
discretion.
1996).
and
its
decision
will
be
reviewed
for
abuse
of
when
offered
to
impeach
that
witness
by
proving
240,
The
243
(1st
Cir.
1994).
rule
does
not
govern
the
testified that he was not and never had been a drug dealer, Rule
609
did
not
prohibit
thirteen-year-old
the
Government
conviction
for
from
possession
introducing
with
his
intent
to
district
court
was
unreasonable
an
court
abuse
reviews
of
because
the
court
discretion
for
standard.
reasonableness,
Gall
v.
United
States, 128 S. Ct. 586, 597 (2007); see also United States v.
Pauley, 511 F.3d 468, 473 (4th Cir. 2007). The appellate court
first
must
ensure
that
the
trial
court
did
not
commit
any
calculating)
mandatory,
[(2006)]
the
Guideline
failing
factors,
to
range,
consider
selecting
treating
the
[18
sentence
the
Guidelines
U.S.C.]
based
as
3553(a)
on
clearly
reasonableness
of
the
sentence,
taking
into
Id.
Sentencing
Guidelines
Manual
2K2.1(a)(2)
(2006).
or
2K2.1(a)(2).
controlled
substance
offense.
USSG
establishing
Troupes
5
base
offense
level.
Without
this error, Troupes base offense level would have been twenty
instead of twenty-four.
Troupes
USSG 2K2.1(a)(4)(A).
offense
level
also
was
increased
by
four
connection
with
However,
where,
924(c)
offense
another
as
here,
in
felony,
the
addition
namely
defendant
to
the
drug
is
distribution.
convicted
922(g)
of
offense,
a
the
(n.4)
With
placement
in
corrected
criminal
base
history
offense
category
level
VI,
of
twenty
Troupes
and
properly
calculated guideline range would have been seventy to eightyseven months imprisonment, rather than the 140 to 175 month
guideline range calculated by the district court.
By failing to
United
we
affirm
Troupes
convictions,
but
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and
AFFIRMED IN PART;
VACATED AND REMANDED IN PART