U.S. v. WARNER

No. 94-4113.

43 F.3d 1335 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Jesse WARNER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 19, 1994.


Attorney(s) appearing for the Case

Wayne T. Dance, Asst. U.S. Atty. (Scott M. Matheson, Jr., U.S. Atty., and Mark K. Vincent, Sp. Asst. U.S. Atty., with him on the briefs), Salt Lake City, UT, for plaintiff-appellant.

Joseph C. Fratto, Jr., Salt Lake City, UT, for defendant-appellee.

Before SEYMOUR, Chief Circuit Judge; MOORE, Circuit Judge; and SAFFELS, District Judge.


JOHN P. MOORE, Circuit Judge.

This is the second time we have considered this case on an appeal from sentencing. After the first remand, the district court held a downward departure was still warranted and sentenced accordingly. Concluding there are no proper grounds for departure, we once again reverse and remand for resentencing within the sentencing guidelines.

Jesse Warner was convicted of the unlawful possession of a machine gun. 18 U.S.C. § 922...

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