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U.S. v. Ponce, No. 98-1103(L) (2nd Cir.) (168 F.3d 584) (January 22, 1999) (Per Curiam)

The Court held: "On appeal, the Government argues that under the terms of Application Note 3 to § 2D1.1(b)(1), the presence of the gun provides sufficient basis for the increase regardless whether the gun was possessed by the defendant. The Government cites the admonition of Note 3 that "[t]he adjustment ...

 

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