United States v. Lockett

OPINION AND ORDER (1) GRANTING DEFENDANT’S MOTION FOR REHEARING, (2) VACATING THE COURT’S PRIOR RULING ON DEFENDANT’S MOTION FOR SENTENCING GUIDELINE DETERMINATION, AND (3) GRANTING DEFENDANT’S MOTION FOR SENTENCING GUIDELINE DETERMINATION

GADOLA, District Judge.

On November 3, 2003, Defendant pled guilty to one count of being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). On January 22, 2004, Defendant filed a “motion for sentencing guidelines determination” in which Defendant requested that the Court deny the application of U.S.S.G. § 2K2.1(b)(5) (four-level increase for use…