United States v. Ronald Dean Walker

Opinion by Judge FARRIS.

Ronald Walker appeals his sentence for illegally possessing firearms in violation of 26 U.S.C. §§ 5861 (d), 5861(i). We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm.

I. FACTS

Walker was charged with ten counts of illegally possessing firearms. He pled guilty to Counts 1 and 10. Count 1 charged that on or about March 17, 1993, Walker possessed an unregistered Sten 9 millimeter machine gun in violation of 26 U.S.C. § 5861 (d). Count 10 charged that on or about April 9, 1993, Walker possessed a 9 millimeter stainless steel silencer not identified by serial number in violation of 26 U.S.C. § 5861 (i).

At his sentencing hearing, Walker urged a downward departure on the basis of “self-inflicted punishment.” He introduced a report of a psychological examination which concluded that after his arrest, Walker began experiencing anxiety attacks, had trouble sleeping and was placed on antidepressant medication. Walker feared that if he was incarcerated he would lose his employment and be unable to support his family. The district court ruled that it could not depart downward on the basis of self-inflicted punishment. The district…