United States Eleventh Circuit

Defendant's sentence for selling a firearm to a convicted felon is vacated, where a licensed firearms dealer does not occupy a "position of trust" under U.S.S.G. section 3B1.3 and thus is not subject to that sentence enhancement.

Appellate Information

• Decided 02/27/2009
• Published 02/27/2009

Judges

• PRYOR, Circuit Judge:, Before BARKETT, PRYOR and FARRIS, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• H. Manuel Hernandez (Court-Appointed), Longwood, FL, for Louis., Yvette Rhodes, David Paul Rhodes, Chief, App. Div., Tampa, FL, Peggy Morris Ronca, Asst. U.S. Atty., Orlando, FL, for U.S.