By: Derek Hawkins//September 11, 2018//
7th Circuit Court of Appeals
Case Name: United States of America v. Tyrone Miller
Case No.: 17-3514
Officials: SYKES, HAMILTON, and BRENNAN, Circuit Judges.
Focus: Sufficiency of Evidence
Tyrone Miller was arrested after police found him unconscious behind the wheel of his car, which he had crashed into a street light. At the jail, an officer pulled him from the squad car and found a handgun on the floor where his feet had been. A jury found Miller guilty of possessing a firearm as a felon in violation of 18 U.S.C. § 922(g)(1), and he was sentenced to 87 months in prison. On appeal, he argues that his conviction is not supported by sufficient evidence, and that his sentence is based on an erroneous understanding of his criminal history. We affirm Miller’s conviction but vacate his sentence because it is based on an inaccurate count of his past felony convictions.
Affirmed