United States v. Rick Waggoner

LOKEN, Circuit Judge.

Rick Waggoner went pheasant hunting in the fall of 1990, violating a special condition of his probation and the federal statute barring felons from possessing firearms, 18 U.S.C. § 922. When this and other probation violations came to light in 1992, the district court1 revoked probation, and Wag-goner served the remaining six months of his original sentence.

In 1995, Waggoner pleaded guilty to a § 922 violation for the conduct that led to his probation revocation. This appeal raises a sentencing issue — whether Waggoner’s base offense level for the § 922 violation should…