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U.S. v. WICKSTROM

No. 89-3040.

893 F.2d 30 (1989)

The UNITED STATES v. James P. WICKSTROM, et al. Victor Francis Rizzo, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 29, 1989.

Attorney(s) appearing for the Case

Charles D. Sheehy, Acting U.S. Atty., Constance M. Bowden and Paul J. Brysh, Asst. U.S. Attys., Pittsburgh, Pa., for appellee.

R. Thomas Forr, Jr., Sullivan, Forr, Stokan & Huff, Altoona, Pa., for appellant.

Before MANSMANN and GREENBERG, Circuit Judges, and GAWTHROP, District Judge.

Submitted Under Third Circuit Rule 12(6) November 8, 1989.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

We are faced here with a novel appeal premised on the theory that a silencer is not a firearm for the purpose of establishing a base offense level under the Sentencing Guidelines. Since the crime for which defendant was charged, and pled guilty, was conspiracy to possess an unregistered firearm, reference to that title of the United States Code...

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