United States v. Harlin Jerome Traxel

HEANEY, Senior Circuit Judge.

Harlin Jerome Traxel appeals from a sentence of fifteen years imprisonment following a plea of guilty to one count of an indictment charging him with being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). We vacate Traxel’s sentence and remand to the district court for resentencing.

BACKGROUND

In December 1988, a federal grand jury indicted Traxel on two counts of firearms possession in violation of 18 U.S.C. §§ 922(g)(1) 1 and 924(e)(1). As a basis for the charges of being a felon in possession of a firearm, the indictment…