United States v. Henry

Gordon Grady Henry pleaded guilty to possession of an unregistered firearm. In his plea documents he admitted possessing a 12-gauge sawed-off shotgun. Hector Cardona pleaded guilty to being a felon in possession of a firearm. In his plea documents he admitted to possessing a 16-gauge sawed-off shotgun. Both defendants’ sentences were increased because the court determined that the sawed-off shotguns were “destructive devices” under U.S.S.G. § 2K2.1(b)(3) of the applicable 2003 edition of the sentencing guidelines.

In these consolidated appeals, Henry and Cardona challenge their sentence…