Savage

United States v. Savage

Good Law
178 F. App'x 726
United States Court of Appeals for the Ninth CircuitMay 5, 2006No. 05-30350California505 words

Opinion

lead Opinion

MEMORANDUM ***

Appellant Shane Russell Savage (“Savage”) appeals from a 120-month sentence. Savage pled guilty to possession of an unregistered firearm in violation of 26 U.S.C. §§ 5841 , 5861(d) and 5871, and possession of a firearm not identified by a serial number in violation of 26 U.S.C. §§ 5841 , 5861(i) and 5871. He was sentenced to a term of 120 months for each violation, to be served concurrently.

Savage challenges the district court’s calculation of the base offense level for the violations. We review the district court’s interpretation and application of the Sentencing Guidelines de novo. United States v. Nielsen, 371 F.3d 574, 582 (9th Cir. 2004); United States v. Menyweather, 431 F.3d 692, 694 (9th Cir.2005).

The district court determined that the applicable Guideline was U.S.S.G. § 2K2.1(a)(l), and that the base offense level was therefore 26. Section 2K2.1(a)(l) applies where the defendant has two previous felony convictions for a “crime of violence” as defined in § 4B1.2(a). Savage was convicted of assault with a weapon in Montana in 2004, and escape in Montana in 1993 and 2004. Savage conceded that his 2004 assault conviction is for a crime of *728 violence but…

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