United States Tenth Circuit

A sentence for possession of a firearm by a convicted felon is affirmed where the district court could properly decline to apply a sentencing guideline reducing the offense level when a firearm is possessed solely for a "sporting" purpose on the ground that defendant had threatened to shoot various persons with a firearm, even though he was not carrying a firearm when he made the threats.

Appellate Information

• Decided 05/17/2006
• Published 05/17/2006

Judges

• HARTZ, Circuit Judge., Before TACHA, HARTZ, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• James H. Barrett, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the brief), Cheyenne, Wyoming, for the Defendant-Appellant., Kerry J. Jacobson, Assistant United States Attorney (Matthew H. Mead, United States Attorney, with him on the brief), Lander, Wyoming, for the Plaintiff-Appellee.