United States Ninth Circuit

Being shot by law enforcement personnel can theoretically constitute punishment and thus justify a downward departure. Defendant's federal conviction for unlawful possession of an unregistered firearm is affirmed; the parties never agreed that this firearms charge would not be brought after defendant dealt with state charges arising from the same incident.

Appellate Information

• Argued 01/05/2004
• Decided 02/25/2004
• Published 02/25/2004

Judges

• CLIFTON, Circuit Judge:, Before: HUG, GRABER, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Stephen R. Hormel, Federal Defender, Spokane, WA, for the defendant-appellant., S. Frederick Winiker, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.