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.