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U.S. v. SHEPARDSON

Docket Nos. 98-1036, 98-1169.

196 F.3d 306 (1999)

UNITED STATES of America, Appellee, v. Earle R. SHEPARDSON, III, Derek P. St. Don, Defendants-Appellants, David Maxwell, Defendant.

United States Court of Appeals, Second Circuit.

Decided: November 4, 1999.

Attorney(s) appearing for the Case

Elizabeth D. Mann, Woodstock, VT, for defendant-appellant, Earle Shepardson.

Mark E. Furlan, Randolph, VT, for defendant-appellant, Derek St. Don.

John M. Conroy, Assistant United States Attorney, Burlington, VT (Charles R. Tetzlaff, United States Attorney, District of Vermont, David V. Kirby, Chief, Criminal Division, Burlington, VT, on the brief), for appellee.

Before: LEVAL and VAN GRAAFEILAND, Circuit Judges, and BURNS, Senior District Judge.

BURNS, Senior District Judge:

Defendants-appellants Earle R. Shepardson and Derek P. St. Don appeal sentences imposed for their felony firearms convictions by the United States District Court for the District of Vermont (Murtha, C.J.). Both appellants claim that the District Court erred by: (i) enhancing their sentences by two levels pursuant to Section 2K2.1(b)(4) of the Sentencing Guidelines ("USSG" or the "Guidelines") because the firearms were stolen; (ii) enhancing...

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