U.S. v. WILLETT

No. 09-2627.

623 F.3d 546 (2010)

UNITED STATES of America, Appellee, v. Benjamin William WILLETT, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 18, 2010.


Attorney(s) appearing for the Case

John P. Messina , AFPD, argued, Des Moines, IA, for appellant.

Richard D. Westphal , AUSA, argued, Davenport, IA, for appellee.

Before SMITH and COLLOTON, Circuit Judges, and KORNMANN, District Judge.


COLLOTON, Circuit Judge.

Benjamin Willett pled guilty to possession of a stolen firearm, and the district court sentenced him to 50 months' imprisonment. Willett appeals his sentence, arguing that the district court miscalculated the advisory guideline range. We conclude that the court erred in its application of a four-level specific offense characteristic for trafficking in firearms, pursuant to USSG § 2K2.1(b)(5), and we therefore vacate the judgment and remand...

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