Ninth Circuit Reverses and Remands Finding Evidence at Sentencing Was Insufficient to Establish Defendant Possessed a Large Capacity Magazine
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In United States v. Lucas, Francisco Lucas, Jr. pleaded guilty to unlawful possession of a firearm. At sentencing, the district court imposed a guideline enhancement pursuant to U.S.S.G. § 2K2.1(a)(4)(B) based on evidence that the offense involved a semiautomatic firearm capable of accepting a large capacity magazine. The term "large capacity magazine" is further defined in Application Note 2 to § 2K2.1 in terms of the ability to fire many rounds without reloading and the capability to accept more than 15 rounds of ammunition.The district court applied a heightened base offense level under U.S.S.G. § 2K2.1(a)(4)(B) based a finding that Lucas's magazine could accept more than 15 rounds.
Ninth Circuit Reverses and Remands Finding Evidence at Sentencing Was Insufficient to Establish Defendant Possessed a Large Capacity Magazine
Ninth Circuit Reverses and Remands Finding…
Ninth Circuit Reverses and Remands Finding Evidence at Sentencing Was Insufficient to Establish Defendant Possessed a Large Capacity Magazine
In United States v. Lucas, Francisco Lucas, Jr. pleaded guilty to unlawful possession of a firearm. At sentencing, the district court imposed a guideline enhancement pursuant to U.S.S.G. § 2K2.1(a)(4)(B) based on evidence that the offense involved a semiautomatic firearm capable of accepting a large capacity magazine. The term "large capacity magazine" is further defined in Application Note 2 to § 2K2.1 in terms of the ability to fire many rounds without reloading and the capability to accept more than 15 rounds of ammunition.The district court applied a heightened base offense level under U.S.S.G. § 2K2.1(a)(4)(B) based a finding that Lucas's magazine could accept more than 15 rounds.