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US v. Juarez, No. 09-40861

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By FindLaw Staff on November 15, 2010 12:54 PM

Sentence for False Statement to Licensed Firearms Dealer Affirmed

In US v. Juarez, No. 09-40861, the court affirmed defendant's sentence for making a false statement to a federally licensed firearms dealer, holding that there was considerable evidence from which the district court could infer that defendant knew or had reason to believe that her conduct would result in the transport, transfer, or disposal of a firearm to an individual who intended to use or dispose of the firearm unlawfully.

As the court wrote:  "Mireya Rivera Juarez pleaded guilty, pursuant to a written plea agreement, to one count of making a false statement to a federally licensed firearms dealer in violation of 18 U.S.C. §§ 924(a)(1)(A) and (a)(2). Juarez now appeals her sentence, arguing that the district court erred when it applied two four-level enhancements under U.S. Sentencing Guidelines (U.S.S.G.) § 2K2.1(b)(5) and § 2K2.1(b)(6). For the reasons discussed below, we affirm."

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