United States v. Anthony Nathaniel Prator

Anthony Nathaniel Prator appeals from the sentence imposed by the district court following his plea of guilty to the crime of knowingly receiving a firearm after having been convicted of a crime punishable by imprisonment for a term exceeding one year, a violation of 18 U.S.C. § 922 (g)(1).

Prator contends that the district court erred in concluding that the reduction authorized by section 2K2.1(b)(l) of the Sentencing Guidelines is unavailable to persons convicted of receiving a firearm after having been convicted of a crime punishable by imprisonment exceeding one year. We agree. We vacate and remand for a new sentencing proceeding.

I

The presentence report reflects that Prator stated that “he was under the assumption that he could purchase a firearm that was to be used for hunting.” In a written objection to the presentence report, Prator requested a reduction in his base offense level from 12 to 6, pursuant to section 2K2.1(b)(1) of the Sentencing Guidelines, arguing that he received the firearm “solely for a lawful sporting purpose.” After hearing argument on this issue, the district court denied Prator’s request.

The district court held, as a matter of law, that section…