U.S. v. GAINES

No. CR. 3:03-CR007.

276 F.Supp.2d 570 (2003)

UNITED STATES of America, Plaintiff, v. David Christopher GAINES, Defendant.

United States District Court, N.D. West Virginia at Martinsburg.

August 15, 2003.


Attorney(s) appearing for the Case

Paul T. Camilletti, Martinsburg, Assistant United States Attorney Northern District of West Virginia.

Barry P. Beck, Esquire, Power, Beck & Matcureff, Martinsburg, for Defendant David Christopher Gaines.


KEELEY, Chief Judge.

The defendant, David Christopher Gaines, objects to the probation officer's recommendation denying him a reduction in his base offense level pursuant to United States Sentencing Guidelines (U.S.S.G.) § 2K2.1(b)(2). That section allows a reduction in a defendant's base offense level to a level six if the defendant "possessed all ammunition and firearms solely for lawful sporting purposes or collection." Because the surrounding circumstances...

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