Legal Opinion

United States v. Demetrius Wynn

Court of Appeals for the Sixth Circuit

Decided April 23, 2004No. 02-4354PublishedCited by 11 opinions

1Opinion of the Court

OPINION

GILMAN, Circuit Judge.

In sentencing Demetrius Wynn under U.S. Sentencing Guidelines § 2K2.1, the district court determined that a two-level enhancement was warranted because Wynn possessed a destructive device. Wynn claims that his sawed-off shotgun does not qualify as such a device. To the contrary, we conclude that because Wynn’s sawed-off shotgun is a weapon that will expel a projectile by the action of an explosive and has a barrel with a bore of more than one-half inch in diameter, it is a destructive device as defined by Application Note 4 to § 2K2.1. We therefore AFFIRM the…

2Cases cited10 opinions

  1. United States v. Kathleen Kremser JonesCourt of Appeals for the Sixth Circuit · 1997
  2. United States v. SimsCourt of Appeals for the Sixth Circuit · 1992
  3. United States v. Walter PosnjakCourt of Appeals for the Second Circuit · 1972
  4. United States v. Gregory Steven HornCourt of Appeals for the Sixth Circuit · 2004
  5. United States v. Randy Glenn YoungCourt of Appeals for the Sixth Circuit · 2001

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. United States v. HenryCourt of Appeals for the Fifth Circuit · 2005
  2. United States v. William Delee HardyCourt of Appeals for the Eighth Circuit · 2004
  3. United States v. EmersonDistrict Court, D. Maine · 2006
  4. United States v. GrayCourt of Appeals for the Sixth Circuit · 2004
  5. Wynn v. United StatesSupreme Court of the United States · 2005

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