United States Third Circuit

A sentence enhancement under U.S.S.G. section 2K2.1(b)(5) was improper where no evidence existed as to the circumstances of defendant's sale of firearms, let alone any evidence of his knowledge as to intended use of the firearms.

Appellate Information

• Argued 04/22/2002
• Decided 08/21/2002
• Published 08/21/2002

Judges

• Before:  SCIRICA, RENDELL and NOONAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Burton A. Rose (Argued), Philadelphia, PA, for Appellant.


• For Appellees:
  
• Joan L. Markman (Argued), Office of United States Attorney, Philadelphia, PA, for Appellee.