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A two level increase for violating a position of public trust is not applicable to federally licensed firearms dealer who sells to a convicted felon.

U.S. v. LOUIS, 2009 WL 485239 (11th Cir. February 27, 2009)

The main issue in this appeal is whether a federally licensed firearms dealer who sells firearms to a convicted felon is subject to a sentencing guidelines enhancement for abusing position of public trust. After an in depth review of public trust enhancement cases in the Eleventh Circuit, the Court concluded that a licensed firearms dealer is not a position of public trust and reversed the sentence enhancement.

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This entry was posted on Monday, April 27th, 2009 at 8:17 pm and is filed under Sentencing Guidelines, sentence enhancement. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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