United States v. Michael White Buffalo

FAGG, Circuit Judge.

During Michael White Buffalo’s arrest for driving while intoxicated, tribal police saw a gun on the floorboard of White Buffalo’s van. The gun was an unloaded .22 single-shot bolt-action rifle with a shortened barrel. White Buffalo later pleaded guilty to unlawful possession of that unregistered firearm in violation of 26 U.S.C. § 5861(d). At White Buffalo’s sentencing, the district court departed downward from the sentencing guidelines range of eighteen to twenty-four months, and sentenced White Buffalo to three years of probation with numerous conditions including…