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U.S. v. KIRK

No. 89-3020.

894 F.2d 1162 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Rodney KIRK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 22, 1990.

Attorney(s) appearing for the Case

Michael L. Harris, Asst. Federal Public Defender and Charles D. Anderson, Federal Public Defender, Dist. of Kan., Kansas City, Kan., for defendant-appellant.

Julie A. Robinson, Asst. U.S. Atty., Benjamin L. Burgess, Jr., U.S. Atty. and Kurt J. Shermuk, Asst. U.S. Atty., Topeka, Kan., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, EBEL, Circuit Judge and KANE, Senior District Judge.

KANE, Senior District Judge.

This appeal presents an issue of first impression for this court. Following his conviction based on a plea of guilty, Rodney Kirk contends his sentence for unlawful receipt of a sawed-off shotgun was improper under the Sentencing Guidelines. Specifically, Kirk claims he was entitled to a six-point reduction in the offense level upon which sentencing was based because he possessed the shotgun as part of a collection and intended to mount...

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