Defendant’s sentence was properly enhanced on basis of repealed statute
SENTENCING United States v. Whitehead, No. 04-4252, ___ F.3d ___ (10th Cir. Oct. 3, 2005)(Utah). Appeal of sentence for being felon in possession of firearm in violation of 18 U.S.C. § 922(g). HELD: District court did not err in adjusting defendant’s sentencing level upward where sentencing guideline at U.S.S.G. § 2K2.1(a)(4)(B) required upward adjustment for possession of “semiautomatic assault weapon” as prohibited firearm listed in statute at 18 U.S.C. § 921(a)(30), even though § 921(a)(30) had been repealed at time of sentencing. Read the opinion here. |
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