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U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener)

Despite precedent to the contrary, the defendant's claim that an enhancement under USSG ยง 2K2.1(b)(4) applies only when the firearm had already been "stolen" prior to the defendant's taking possession of it.

In 1996 the defendant in this case burglarized a residence in Corpus Christi, Texas and stole five firearms. ...

 

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