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043753P.pdf   08/31/2005  United States  v.  James Lindquist
   U.S. Court of Appeals Case No:  04-3753
   Northern District of Iowa   
   [PUBLISHED] [Gruender, Author, with Melloy and Heaney, Circuit 
   Judges] 
   Criminal case - Sentencing Guidelines. Operating a vehicle without the 
   owner's consent is a crime of violence for purposes of Guidelines Sec. 
   4B1.2; district court erred in applying the four-level enhancement in Sec. 
   2K2.1(b)(5) to defendant's acquisition of ownership of a handgun 
   without a valid annual permit to acquire handguns; the error was not 
   harmless, and the case must be remanded for resentencing. Judge Heaney, 
   concurring.