United States Second Circuit

Defendant's sentence for being a felon in possession of a firearm is affirmed where: 1) the lack of a scienter requirement in the stolen firearm enhancement is permissible; and 2) a rational basis existed to support the Guidelines' differential treatment of stolen explosives and stolen firearms such that U.S.S.G. section 2K2.1(b)(4)(A) did not violate equal protection.

Appellate Information

• Decided 12/16/2010
• Published 12/16/2010

Judges

• Chester J. Straub

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Peter M. Skinner, JaneAnne Murray