The U.S. Court of Appeals for the Third Circuit affirmed the sentence of Shiheem Amos, who was convicted of being a felon in possession of a firearm, ruling that his 62-month prison term was reasonable. The court issued its decision Jan. 21 in a non-precedential opinion that does not establish binding legal precedent.
Amos pleaded guilty to the federal firearms charge and was sentenced to 62 months' imprisonment followed by three years of supervised release by U.S. District Judge Gerald J. Pappert in the Eastern District of Pennsylvania. The case originated from criminal charges filed in 2018.
The sentencing calculation was based partly on the district court's finding that Amos had been convicted of a crime of violence, specifically second-degree aggravated assault under Pennsylvania law. This prior conviction resulted in a base offense level of 20 under federal Sentencing Guideline 2K2.1(a)(4)(A), which governs firearms offenses.
The case has a complex procedural history. According to court records, Amos previously appealed his sentence to the Third Circuit, which vacated the original sentence in a 2023 decision reported as *United States v. Amos*, 88 F.4th 446. However, the current appeal represents a subsequent challenge to his sentencing.
In the latest appeal, Amos challenged the reasonableness of his sentence. Circuit Judges Patty Shwartz, David J. Chung, and Thomas L. Ambro heard the case, which was submitted under Third Circuit Local Appellate Rule 34.1(a). This rule allows for streamlined consideration of certain appeals without oral argument.
Writing for the panel, Circuit Judge Shwartz concluded that the sentence was reasonable and affirmed the district court's judgment. The brief opinion focused on the core issue of whether the 62-month sentence was appropriate given the circumstances of Amos's case.
The federal charge of being a felon in possession of a firearm carries significant penalties under federal law. The offense is governed by 18 U.S.C. § 922(g), which prohibits certain categories of individuals, including convicted felons, from possessing firearms. Violations can result in up to 10 years in federal prison.
Sentencing in federal firearms cases typically depends on various factors, including the defendant's criminal history and the specific circumstances of the offense. The federal sentencing guidelines provide a framework for calculating appropriate sentences, with enhancements for defendants who have prior convictions for crimes of violence or serious drug offenses.
The designation of a prior offense as a "crime of violence" is crucial for sentencing purposes, as it can significantly increase the recommended guideline range. Under the guidelines, second-degree aggravated assault under Pennsylvania law qualified as such a crime of violence in Amos's case, leading to the higher base offense level.
The Third Circuit's decision to mark this opinion as non-precedential means it cannot be cited as binding authority in future cases within the circuit. Non-precedential opinions are typically used for routine cases that apply well-established legal principles without breaking new legal ground.
The case reflects the federal judicial system's continued focus on prosecuting firearms offenses, particularly those involving repeat offenders. Federal prosecutors frequently pursue felon-in-possession charges as part of broader efforts to address gun violence and keep firearms out of the hands of prohibited persons.
The Eastern District of Pennsylvania, where the case originated, has been active in prosecuting federal firearms cases. The district covers Philadelphia and surrounding counties, areas that have seen significant gun violence in recent years.
For defendants facing similar charges, the Amos case demonstrates that appellate courts will generally defer to district court sentencing decisions when they fall within reasonable bounds and properly apply the sentencing guidelines. The reasonableness standard requires that sentences be sufficient but not greater than necessary to achieve the purposes of sentencing outlined in federal law.
The three years of supervised release that will follow Amos's imprisonment is standard in federal firearms cases. Supervised release allows for continued monitoring of defendants after their prison terms end and typically includes conditions such as regular reporting to probation officers, restrictions on firearm possession, and potential requirements for drug testing or mental health treatment.
With this affirmance, Amos will serve his full 62-month sentence unless he successfully pursues further appeals or qualifies for early release programs. The case concludes what appears to have been an extended legal process that began with his 2018 indictment and included at least one previous appeal to the Third Circuit.
The decision adds to the body of Third Circuit case law on federal firearms sentencing, even though its non-precedential status limits its formal legal impact. It reinforces that appellate courts will uphold reasonable sentences that properly apply federal guidelines to defendants with qualifying criminal histories.