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U.S. v. VARGEM

No. 12-10628.

747 F.3d 724 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Lee VARGEM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 28, 2014.

Attorney(s) appearing for the Case

Steven G. Kalar , Federal Public Defender, Candis Mitchell (argued), Assistant Federal Public Defender, and Steven J. Koeninger , Research and Writing Attorney, San Francisco, CA, for defendant-appellant.

Melinda Haag , United States Attorney, Barbara J. Valliere , Chief, Appellate Division, and Owen P. Martikan (argued), Assistant United States Attorney, San Francisco, CA, for plaintiff-appellee.

Before: REINHARDT and THOMAS, Circuit Judges, and SESSIONS, District Judge.

OPINION

SESSIONS, District Judge:

Steven Lee Vargem was convicted of possessing an unregistered machine gun and sentenced to 30 months in prison.1 On appeal, the government concedes that the district court miscalculated Vargem's base offense level under the United States Sentencing Guidelines ("Guidelines"). We hold that the district court also erred in applying a six-level enhancement on the basis of other weapons found at Vargem...

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