Redfield

United States v. Redfield

Good Law
220 F. App'x 726
United States Court of Appeals for the Ninth CircuitFebruary 16, 2007No. 06-30365California502 words

Opinion

Lead Opinion

MEMORANDUM *

Richard Redfield appeals the sentence imposed following his guilty plea to depredation of government property, in violation of 18 U.S.C. § 1361 . Redfield argues that the district court erred by following a cross-reference in the Sentencing Guidelines that enhanced his sentence for taking a firearm, that the district court erred in giving him a four-level enhancement for using or possessing a firearm in connection with another felony, and that his sentence was unreasonable. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand for resentencing.

We “review the district court’s interpretation of the Sentencing Guidelines de novo, the district court’s application of the Sentencing Guidelines to the facts of [a] case for abuse of discretion, and the district court’s factual findings for clear error.” United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006) (alteration in original) (internal quotation marks and citation omitted).

We conclude that the district court properly applied the cross-reference from U.S.S.G. § 2Bl.l(c)(l)(A) to § 2K2.1, because at least one firearm “was taken” during the course of Redfield’s offense conduct. The district…

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