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U.S. v. RICHARDSON

No. 92-4786.

8 F.3d 769 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher RICHARDSON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 6, 1993.

Attorney(s) appearing for the Case

Robin Rosen, Asst. Federal Public Defender, West Palm Beach, FL, for defendant-appellant.

Hal Goldsmith, U.S. Attys. Office, S.D.Fla., West Palm Beach, FL, Linda Collins Hertz, Anne Ruth Schultz, Asst. U.S. Attys., Miami, FL, for plaintiff-appellee.

Before HATCHETT and EDMONDSON, Circuit Judges, and ATKINS, Senior District Judge.

ATKINS, Senior District Judge:

This appeal presents an issue of first impression in this circuit: whether the absence of a mens rea element in the sentencing enhancement for possession of a stolen firearm pursuant to § 2K2.1(b)(4) of the Sentencing Guidelines is unconstitutional. We join several other circuits in holding that it is not.

Christopher Richardson was indicted on March 26, 1992. The indictment charged Richardson with possession of a firearm...

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