United States v. Steven Vargem

OPINION

SESSIONS, District Judge:

Steven Lee Vargem was convicted of possessing an unregistered machine gun and sentenced to 30 months in prison. 1 On appeal, the government concedes that the district court miscalculated Vargem’s base offense level under the United States Sentencing Guidelines (“Guidelines”). We hold that the district court also erred in applying a six-level enhancement on the basis of other weapons found at Vargem’s home. We therefore vacate and remand for resentencing.

BACKGROUND

On June 19, 2010, San Jose police responded to a domestic assault call at the Vargem residence.…