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Date: 10-25-2010
Case Style:
United States of America v. David Lee Young
Case Number: 1:08-CR-440
Judge: JLK
Court: United States District Court for the District of Colorado (Denver County)
Plaintiff's Attorney: United States District Attorney's Office in Denver
Defendant's Attorney:
Description:
Denver, Colorado criminal defense lawyer represented the Defendant charged with felony possession of a fire arm.
A jury convicted David Young of being a felon in possession of a firearm,
in violation of 18 U.S.C. § 922(g)(1).1 The district court sentenced Young to a
term of imprisonment of seventy-six months, a sentence within the range set out
in the advisory Sentencing Guidelines. On appeal to this court, Young challenges
both his conviction and sentence. As to his conviction, Young asserts the district
court erred in admitting at trial a tape recording of a telephone conversation he
had with his sister on December 25, 2008. As to his sentence, Young asserts the
following three errors: (1) improperly enhancing his offense level four levels
pursuant to U.S.S.G. § 2K2.1(b)(6); (2) improperly enhancing his offense level
two levels pursuant to U.S.S.G. § 3C1.1; and (3) refusing to vary downward from
the range set out in the advisory Sentencing Guidelines.
* * *
morning hours of September 26, Mohamed Bennani was on duty as a
security guard at Club Vinyl, a nightclub in Denver, Colorado. Club
Vinyl is located near the intersection of 11th [Avenue] and
Broadway, across the street from an Arby’s restaurant. Bennani was
stationed outside of the main door, which looks out towards the
Arby’s parking lot. As part of his duties, Bennani guards not only
the nightclub, but also the parking lot where many of the club’s
customers and employees park their automobiles.
At approximately 1:45 a.m. on September 26, Bennani was
looking towards the Arby’s parking lot when he saw a group of
people gathered near the bus stop in front of the restaurant. The
crowd suddenly scattered and began to run. As the crowd dispersed,
Bennani saw that they were running away from the defendant, David
Lee Young. Young was pointing a silver, semiautomatic handgun
towards the people, or a person, in the dispersing crowd. Young
tucked the handgun into his waistband and started to walk away.
Bennani radioed his security partner, Howard Ladson, and
informed him of the situation across the street from the club. Ladson
was stationed on Broadway, slightly north of Bennani. Ladson
looked towards the Arby’s and saw the dispersing crowd. He
described the scene as the “parting of the Red Sea,” or words to that
effect. The crowd appeared to be running away from the defendant,
who was holding an object in his hand.
Bennani gave chase after Young, while Ladson crossed the
street and went around behind Arby’s to cut off the defendant’s
avenue of escape. Bennani never lost sight of the defendant. He
pursued Young into the parking lot immediately south of the Arby’s
restaurant. Young ran behind a car and bent down. When Young
bent down, Bennani could no longer see his hands. Bennani drew his
sidearm and ordered Young to walk out from behind the vehicle.
Young attempted to flee, but his escape was cut short when he
was cut off by Ladson. The security guards handcuffed Young.
Daryl Honor, the security guards’ supervisor, arrived as Young was
being taken into custody. After Young had been subdued, Bennani
went back to the automobile behind which Young had ducked
moments earlier. Underneath the car, in the exact area where Young
had bent down, Bennani found a silver-colored, semiautomatic
handgun. Its magazine was inserted. Bennani and Honor secured the
weapon and flagged down a passing police car. The handgun and the
defendant were turned over to Denver police officers.
The handgun was a Lorcin, 9 mm, semiautomatic firearm. It
was loaded with 10 rounds of 9 mm ammunition. The firearm was
operational and functioned as designed, in that it could expel a
projectile by the action of an explosive. The firearm was
manufactured in California. Therefore, it traveled in interstate
commerce before coming into the defendant’s possession. . . .
Prior to his possession of the firearm and ammunition on
September 26, 2008, Young had been previously convicted of a
felony offense punishable by more that one year imprisonment. On
July 26, 2007, Young was convicted of felony possession of a
controlled substance, in District Court, County of Denver, State of
Colorado case number 2007CR003743. He was on state
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: