U.S. v. BROWN

No. 95-2671.

117 F.3d 353 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Sherard Dale BROWN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 26, 1997.


Attorney(s) appearing for the Case

Frances C. Hulin, Timothy A. Bass (argued), Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee.

Jerry B. Kurz (argued), Kathryn Hall, Hall & Kurz, Chicago, IL, for Defendant-Appellant.

Before COFFEY, FLAUM and DIANE P. WOOD, Circuit Judges.


FLAUM, Circuit Judge.

This appeal presents a single question: whether a gun from which the firing pin has been removed is a "firearm" for purposes of sections 2B3.1(b)(2)(C) and 1B1.1 of the United States Sentencing Guidelines (U.S.S.G.) and the commentary thereto. Because we conclude that it is, we affirm the appellant's sentence.

I.

When Sherard Dale Brown walked into Bank One in Springfield, Illinois intending to rob it, he carried in his waistband...

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