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]