United States v. Frank J. Kissinger

McMILLIAN, Circuit Judge.

Frank J. Kissinger appeals from a final judgment entered in the District Court 1 for the District of South Dakota sentencing him to an eight-month split sentence (four months imprisonment and four months home confinement) following his guilty plea to being a narcotics user in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(3), 924(a)(2). For reversal, he argues the district court erred in failing to reduce his offense level under U.S.S.G. § 2K2.1(b)(l) (1990), which provided for reduction in the offense level if the defendant obtained or possessed the…