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033843P.pdf   08/23/2004  United States  v.  Ray Appleby
   U.S. Court of Appeals Case No:  03-3843
   District of Minnesota   
   Criminal case - Sentencing Guidelines. Defendant who falsely 
   answered he was not the subject of a domestic protection order or had 
   been convicted of a misdemeanor domestic violence order when applying 
   to purchase a handgun but canceled order during waiting period, pleaded 
   guilty to violating 18 U.S.C. sec. 922(a)(6). District court properly 
   determined his base offense was 14 based on Guidelines 2K2.1, rather 
   than the attempt guideline of section 2X1.1. Section 922(a)(6) offense is 
   committed whether or not firearm is successfully acquired and offense 
   was submitting false application, not acquiring firearm. Rule of lenity 
   does not apply because guideline is not ambiguous. [PUBLISHED] 
   [Chief Judge Loken, author, with Bye and Melloy, Circuit Judges]