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US v. Willett, No. 09-2627

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By FindLaw Staff on October 18, 2010 4:50 PM

In US v. Willett, No. 09-2627, the court vacated defendant's sentence for possession of a stolen firearm, holding that the district court miscalculated the advisory guideline range because it erred in its application of a four-level specific offense characteristic for trafficking in firearms, pursuant to U.S.S.G. section 2K2.1(b)(5).

As the court wrote:  "Benjamin Willett pled guilty to possession of a stolen firearm, and the district court sentenced him to 50 months' imprisonment. Willett appeals his sentence, arguing that the district court miscalculated the advisory guideline range. We conclude that the court erred in its application of a four-level specific offense characteristic for trafficking in firearms, pursuant to USSG § 2K2.1(b)(5), and we therefore vacate the judgment and remand for resentencing."

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