United States v. Leonard

I respectfully dissent because the majority’s reasoning rests on the paradoxical notion that an individual “uses” an object by the act of acquiring it. While I believe ultimately that Danny Leonard (“Leonard”) may not be eligible for a reduction under § 2K2.1(b)(2), it is not by virtue of his illegal acquisition of a firearm that all parties agree was possessed solely as a collectible. Acquisition is not use because use first requires possession, which is possible only after acquisition is complete; one does not “use” a weapon in the process of buying it any more than one “uses” a screwdriver…