United States v. Javier Lopez

CLARK, Chief Judge:

Javier Lopez pleaded guilty to one count of possessing an unregistered firearm, which had an altered serial number in violation of 26 U.S.C. § 5861(d). On appeal, he challenges only his sentence. Lopez contends that the sentencing court improperly departed from the sentencing guidelines. The court’s stated reasons for departing from the guidelines were, in part, improper and otherwise not sufficiently articulated. We vacate the sentence and remand for resentencing.

Javier Lopez was stopped at a border patrol checkpoint when the agent on duty noticed that he appeared nervous…