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U.S. v. GOFF

No. 02-1215.

314 F.3d 1248 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Rufus GOFF, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 13, 2003.

Attorney(s) appearing for the Case

Submitted on the briefs:* Michael G. Katz, Federal Public Defender, and Warren R. Williamson, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

John W. Suthers, United States Attorney, and Martha A. Paluch, Assistant United States Attorney, District of Colorado, Denver, CO, for Plaintiff-Appellee.

Before KELLY, McKAY, and MURPHY, Circuit Judges.

McKAY, Circuit Judge.

This is a direct appeal of a criminal sentence for theft of a firearm from a federally licensed firearms dealer, in violation of 18 U.S.C. § 922(u). Appellant challenges the district court's application of U.S.S.G. § 2K2.1(b)(4), which provides for a two-level enhancement in offense level "[i]f any firearm was stolen."

In August 2001, Appellant entered a sporting goods store and stole a Taurus model PT-140 pistol. Appellant...

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