The sentencing enhancement a defendant received for having a prior New Jersey conviction for aggravated assault was upheld by the Third Circuit Thursday.
An aggravated felony in New Jersey can occur when a person “under circumstances manifesting extreme indifference to the value of human life recklessly causes” an injury.
Troy Brasby pleaded guilty to being a felon in possession of a gun. Because of his prior New Jersey conviction, the government sought a sentence between 57 and 71 months.
Brasby argued that the New Jersey conviction couldn’t be used to enhance his sentence and said that he could only be ...
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