United States v. Dobson, 120711 FED3, 10-4111

Docket Nº:10-4111
Opinion Judge:RESTANI, Judge.
Party Name:UNITED STATES OF AMERICA v. ANTOINE DOBSON, a/k/a ANT Antoine Dobson, Appellant
Judge Panel:Before: FUENTES, CHAGARES, Circuit Judges, and RESTANI, Judge
Case Date:December 07, 2011
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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UNITED STATES OF AMERICA

v.

ANTOINE DOBSON, a/k/a ANT Antoine Dobson, Appellant

No. 10-4111

United States Court of Appeals, Third Circuit

December 7, 2011

NOT PRECEDENTIAL

Submitted Under Third Circuit LAR 34.1(a) November 16, 2011

On Appeal from the United States District Court for the District of New Jersey (D.C. Criminal No. 2-08-cr-00779-001) District Judge: Honorable Peter G. Sheridan

Before: FUENTES, CHAGARES, Circuit Judges, and RESTANI, [*] Judge

OPINION

RESTANI, Judge.

Appellant Antoine Dobson appeals his conviction for, inter alia, disposing of a firearm and ammunition to a person convicted of a felony, as well as his sentence of forty-five months imprisonment.1 Dobson alleges the District Court erred by, 1) admitting irrelevant and unfairly prejudicial evidence at trial, 2) providing improper jury instructions, which permitted the government to prejudicially vary its proof at trial, 3) enhancing his sentence for abuse of public trust, 4) enhancing his sentence for providing the weapon with the belief it would be used in a felony, and 5) unreasonably sentencing him. For the following reasons, we will affirm the District Court's judgment.

Because we write for the parties, we recount only the essential facts and procedural history.2 We presume familiarity with our prior decision. United States v. Dobson, 380 F.App'x 170 (3d Cir. 2010). In November 2007, Dobson—a Deputy U.S. Marshal at the time—acquired a .40 caliber Glock 27, for which he had received authorization but had not yet been trained to carry, through his position in the United States Marshals Service. At some point prior to January 18, 2008, Larry Langforddavis, Dobson's friend and a convicted felon, acquired Dobson's Glock 27, perhaps multiple times. On the evening of January 4, 2008, Dobson was celebrating his birthday at the Jersey Girls Entertainment Club. Langforddavis entered the club without being searched because he had been incorrectly introduced to the club's employees as a law enforcement officer. Dobson sustained injuries after being assaulted outside the club on the morning of January 5. Dobson and Langforddavis spoke briefly before Langforddavis got into a car and chased after the assailants. Langforddavis returned twenty minutes later, proclaiming that he "got them" and had "sprayed the vehicle." Dobson replied that he "wanted his gun." Langforddavis later went to visit Dobson in the hospital, at which time Langforddavis showed several officers a gun, which appeared to be a Glock, holstered to his leg. On January 18, 2008, Dobson and Langforddavis became heavily intoxicated together at Slick's Tavern. Langforddavis drove Dobson to a diner where he left Dobson in the care of another friend. When Dobson got home, he called Langforddavis and told him to bring the gun back and not to leave the gun in the car overnight. Langforddavis, however, proceeded to Jersey Girls to pick up his girlfriend and upon arriving strapped the gun to his leg and exited the car. Police officers, who were already at the club for other reasons, arrested Langforddavis and confiscated the gun, later identified as Dobson's Glock 27. Dobson was indicted on one count of disposing of a firearm and ammunition to a person convicted of a...

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