United States v. Ronald J. Klump

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Ronald J. KLUMP, Defendant-Appellant. No. 93-30040. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 6, 1994. Decided April 22, 1994. Before: WRIGHT, TANG and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Ronald J. Klump appeals his sentence under the Sentencing Guidelines. He objects to a three-point enhancement for an official victim under U.S.S.G. Sec. 3A1.2. We hold that under the circumstances of this case, an official victim enhancement was improper. We reverse and remand for resentencing. 1. BACKGROUND 3 Klump, a felon, was an informant for Agent Hart of the Bureau of Alcohol, Tobacco and Firearms. When word leaked out that he was a snitch, he telephoned agent Hart and threatened his life. The district court found that he was in possession of a handgun when he made the threat. 4 Klump was convicted for being a felon in possession of…