United States Fourth Circuit

Defendant who stole a machine gun and exchanged it for the monetary value of the gun plus $20 worth of drugs cannot have his sentenced enhanced under USSG 2K2.1(b)(5) for a "second felony" of drug trafficking.

Appellate Information

• Argued 12/08/2000
• Decided 03/13/2001
• Published 03/13/2001

Judges

• Before WIDENER, LUTTIG, and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Edward Henry Weis, Assistant Federal Public Defender, Charleston, WV, for Appellant.  Steven Ian Loew, Assistant United States Attorney, Charleston, WV, for Appellee.   ON BRIEF:  Hunt L. Charach, Federal Public Defender, Charleston, WV, for Appellant.  Rebecca A. Betts, United States Attorney, Charleston, WV, for Appellee.