United States Sixth Circuit

Because defendant's sawed-off shotgun is a weapon that will expel a projectile by the action of an explosive and has a barrel with a bore more than one-half inch in diameter, it is a "destructive device" as defined by Application Note 4 to U.S.S.G. section 2K2.1.

Appellate Information

• Argued 03/18/2004
• Decided 04/23/2004
• Published 04/23/2004

Judges

• Before: COLE and GILMAN, Circuit Judges;  SCHWARZER, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Duane J. Deskins (argued and briefed), Asst. U.S. Attorney, Cleveland, OH, for Plaintiff-Appellee., Charles E. Fleming (argued and briefed), Federal Public Defender's, Cleveland, OH, for Defendant-Appellant.