DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032903P.pdf 06/22/2005 USA v. Shane L. Borer
U.S. Court of Appeals Case No: 03-2903
District of Nebraska
[PUBLISHED] [Colloton, Author, with Smith and Beam, Circuit Judges]
Criminal case - Sentencing Guidelines. District court erred in denying
defendant a three-point acceptance-of-responsibility reduction under
Sec 3E1.1(b), as defendant gave timely notice of his intent to plead
guilty; the government's argument that a three-level reduction is not
permissible under the PROTECT Act unless the government files a motion
under the guideline would create an Ex Post Facto Clause violation;
district court did not err in assessing a criminal history point
for defendant's Nebraska conviction for criminal mischief; district
court did not err in denying a six-level reduction under Guidelines
Sec. 2K2.1(b)(2), as defendant failed to satisfy his burden of
proving that the guns were held for sporting or collection purposes;
the government did not breach the plea agreement by recommending a
sentence in the middle (rather than the low end) of
the applicable guidelines range.
032903P.pdf 01/05/2005 USA v. Shane L. Borer
U.S. Court of Appeals Case No: 03-2903
District of Nebraska
Criminal case - Sentencing Guidelines. Version of Guidelines Sec.
3E1.1(b) in effect at the time of the offense should be applied, and
defendant was entitled to an additional one-level reduction under Sec.
3E1.1(b)(2); district court did not err in assessing a criminal history point
for defendant's Nebraska conviction for criminal mischief; defendant was
not entitled to a six-level reduction under Guidelines Sec. 2K2.1(b)(2) as
defendant failed to meet his burden of proof that the firearms in question
were possessed solely for lawful sporting or collection purposes;
government did not violate the plea agreement by concurring with the
presentence report's recommendation for a sentence in the middle of the
applicable range.
[PUBLISHED] [Colloton, Author, with Smith and Beam, Circuit Judges]