U.S. v. MOLLOY

Nos. 01-1129, 01-2700.

324 F.3d 35 (2003)

UNITED STATES, Appellee, v. David MOLLOY, Defendant, Appellant. United States, Appellee, v. Jason Zawadzki, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 31, 2003.


Attorney(s) appearing for the Case

Aziz Safar, for appellant, Molloy.

Mark L. Stevens, for appellant, Zawadzki.

John T. McNeil, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Before LIPEZ, Circuit Judge, COFFIN and STAHL, Senior Circuit Judges.


LIPEZ, Circuit Judge.

In this appeal we confront the narrow question of whether the district court clearly erred in imposing a four-level sentencing enhancement for two defendants pursuant to section 2K2.1(b)(5) of the United States Sentencing Guidelines (the "Guidelines"). This provision requires courts to increase a defendant's base offense level by four points if the defendant "possessed or transferred any firearm or ammunition with knowledge, intent, or reason...

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