United States v. Jesse Warner

JOHN P. MOORE, Circuit Judge.

This is the second time we have considered this case on an appeal from sentencing. After the first remand, the district court held a downward departure was still warranted and sentenced accordingly. Concluding there are no proper grounds for departure, we once again reverse and remand for resentencing within the sentencing guidelines.

Jesse Warner was convicted of the unlawful possession of a machine gun. 18 U.S.C. § 922(o). Originally, the district court sentenced Mr. Warner to six months’ confinement at a halfway house, six months’ home confinement followed by…