United States Ninth Circuit

A sentence for being a felon in possession of a firearm is affirmed over challenges: 1) that the absence of a scienter requirement for stolen weapons with regards to a sentence enhancement is unconstitutionally irrational given that knowledge is required for possession of stolen explosives; 2) that a two-category increase in his criminal history score was error; and 3) to the overall reasonableness of his sentence.

Appellate Information

• Argued 04/06/2006
• Decided 08/09/2006
• Published 08/09/2006

Judges

• FISHER, Circuit Judge:, Before: GOODWIN, B.FLETCHER and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Cynthia S. Hahn, Assistant Federal Public Defender, Reno, NV, for the defendant-appellant., Robert Don Gifford, Assistant United States Attorney, Reno, NV, for the plaintiff-appellee.