Firearms charges

CASE LAW UPDATE:  Whether the trial court erred in imposing a sentencing enhancement?   

Defendant pleaded guilty to possessing an unregistered short barreled shotgun.  The District Court, when sentencing defendant, ordered an enhancement for possessing a destructive device.  Defendant appealed.  The Eighth Circuit Court of Appeals reversed the District Court, holding it was plain error to order an enhancement for possessing a destructive device because the shotgun did not have a large enough bore diameter to quality for the enhancement.  Remanded.

United States v. Zarate, 20-1154, per curiam.  Appealed from the United States District Court, Northern District of Iowa.

Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

By |2021-05-05T02:41:40+00:00May 5th, 2021|Victories/Case Law Updates|0 Comments

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