United States v. Reynaldo Soto

Reynaldo Soto appeals his sentence for unlawful possession of ammunition by a felon. Soto argues that in'determining his Sentencing Guidelines range, the district court incorrectly determined " that when Soto was arrested, he was on the verge of delivering the ammunition to k co-conspirator who would smuggle it across the border into Mexico, and therefore erroneously applied the cross reference in U.S.S.G. § 2K2.1(c)(l)(A) without giving Soto a three-level ‘ attempt reduction under § 2Xl.l(b)(l).' Because the cross reference is inapplicable, we VACATE Soto’s sentence and REMAND for…