United States Ninth Circuit

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US v. Flores, 11-50536

Defendants' sentences for conspiracy to possess an unregistered firearm are vacated and remanded for resentencing, where: 1) the definition of a missile under 26 U.S.C. section 5845(f) and U.S.S.G. section 2K2.1(b)(3)(A) is a self-propelled device designed to deliver an explosive; and 2) because the 40-mm cartridges in this case do not qualify as missiles, the district court erred in enhancing the defendants' offense levels pursuant to section 2K2.1(b)(3)(A).

Appellate Information

  • Decided 08/30/2013
  • Published 08/30/2013


  • PAEZ


  • United States Ninth Circuit