U.S. v. SCHNELL

No. 92-1847.

982 F.2d 216 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. James E. SCHNELL, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 21, 1992.


Attorney(s) appearing for the Case

Sharon Jackson, Asst. U.S. Atty., Jill Plancher (argued), Indianapolis, IN, for plaintiff-appellee.

Philip H. Hayes, Evansville, IN (argued), for defendant-appellant.

Before POSNER and FLAUM, Circuit Judges, and ZAGEL, District Judge.


FLAUM, Circuit Judge.

This case presents an issue of first impression in this circuit: whether the absence of a scienter element in the sentencing enhancement for possession of a firearm with an obliterated serial number, § 2K2.1(b)(4) of the Sentencing Guidelines, violates substantive due process. We hold that it does not.

The facts of this case are straightforward. In 1984, James E. Schnell was convicted of filing a false income tax return in violation...

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