Submitted September 12, 2014.
Appeal from United States District Court for the Western District of Missouri - Kansas City.
For United States of America, Plaintiff - Appellee: Phillip Eugene Porter, Assistant U.S. Attorney, Christina Y. Tabor, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Kansas City, MO.
Davon L. Coppage, Defendant - Appellant, Pro se, Beaumont, TX.
For Davon L. Coppage, Defendant - Appellant: Stephen C. Moss, Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Kansas City, MO.
Before RILEY, Chief Judge, SMITH and KELLY, Circuit Judges.
KELLY, Circuit Judge.
Davon Coppage pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). His presentence investigation report (PSR) concluded that Coppage had a criminal history of VI and an offense level of 19, yielding an advisory Guidelines range of 63 to 78 months. Coppage objected to the inclusion of five convictions from municipal court in his PSR on the basis that they were obtained in violation of his Sixth Amendment right to counsel. The district court overruled the objection, finding that Coppage had failed to meet his burden of proof, and sentenced him to 63 months' imprisonment. We affirm the judgment of the district court.
Coppage was arrested by Kansas City police officers for trespassing in an apartment complex. During a search incident to the arrest, the police found a firearm in a backpack that Coppage was carrying. Coppage was indicted and pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § § 922(g)(1). His PSR included five 2010 Kansas City, Missouri Municipal Court convictions that had been consolidated and resolved on the same day. The convictions had arisen from five separate arrests that occurred in 2008 and 2009, and resulted in a concurrent 60-day jail term for Coppage. The PSR allotted two criminal history points for each conviction, equaling ten out of his total fifteen points. Without these ten points, Coppage's resulting criminal-history category would have been III, rather than VI.
The electronic records of these 2010 convictions provided by the municipal court neither indicate the name of Coppage's defense attorney nor note that he waived
his right to counsel. In contrast, separate and unchallenged conviction records from the Kansas City, Missouri Municipal Court in 2012 provide the names of the ...