Lough

United States v. Lough

Good Law
24 F. App'x 830
United States Court of Appeals for the Ninth CircuitDecember 28, 2001No. 01-30097; D.C. No. CR-98-00530-AJBCalifornia330 words

Opinion

Lead Opinion

MEMORANDUM **

Rodney Lawrence Lough appeals his conviction and sentence for unlawful possession of a firearm and unlawful possession of ammunition, in violation of 18 U.S.C. § 922 (g). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Lough contends that the district court erred when it found that his prior Oregon conviction for unlawful possession of a machine gun was a crime of violence for purposes of determining his base offense level under U.S.S.G. § 2K2.1(a)(3). We review de novo, see United States v. Huffhines, 967 F.2d 314, 320 (9th Cir.1992), and determine that the district court did not err.

Lough’s prior conviction was for the unlawful possession of an unregistered machine gun in violation of Ore.Rev.Stat. § 166.272. We have previously concluded, however, that possession of a firearm required to be registered under 26 U.S.C. § 5845 is a crime of violence. United States v. Dunn, 946 F.2d 615, 620-21 (9th Cir.1991) (concluding that the possession of an unregistered firearm of the kind defined in 26 U.S.C. § 5845 is categorically a “crime of violence”). As machine guns are specifically listed in section 5845’s definition of firearms, 26 U.S.C. § 5845…

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