DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032180P.pdf 05/27/2005 United States v. Dennis Joseph Hadash
U.S. Court of Appeals Case No: 03-2180
District of Minnesota
PUBLISHED] [Wollman, Author, with Heaney and Murphy, Circuit Judges]
Criminal Case - sentencing. Government appeals six-level downward
adjustment under K2.2(b)(2) for possessing firearms for lawful
sporting purposes or collection. District court clearly erred in applying
six-level departure, as defendant did not prove he possessed every firearm
solely for purposes of collection. Error, however, was harmless because
district court stated alternatively it would depart to same level if
provision did not apply. Post-Booker, departures are reviewed under section
3553(a), not 3553(b). District court's decision to depart downward here
was reasonable based on section 3553(a) factors.