United States v. Gaines
District Court, N.D. West Virginia
1Opinion of the Court
KEELEY, Chief Judge.
The defendant, David Christopher Gaines, objects to the probation officer’s recommendation denying him a reduction in his base offense level pursuant to United States Sentencing Guidelines (U.S.S.G.) § 2K2.1(b)(2). That section allows a reduction in a defendant’s base offense level to a level six if the defendant “possessed all ammunition and firearms solely for lawful sporting purposes or collection.” Because the surrounding circumstances in the instant case indicate that the defendant possessed the firearms for lawful sporting purposes, the defendant’s objection is…
2Cases cited5 opinions
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- United States v. Jonathan Miller A/K/A "Wacky Jack" Jonathan MillerCourt of Appeals for the Third Circuit · 2000
- United States v. Richard Gresso, Jr.Court of Appeals for the Seventh Circuit · 1994
- United States v. James Mitchell ClinganCourt of Appeals for the Sixth Circuit · 2001
- United States v. William Clifford Solomon, IIICourt of Appeals for the Fourth Circuit · 2001
3Cited by1 opinion
- United States v. VisserDistrict Court, N.D. Iowa · 2009