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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 § 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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