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No Scienter Req't Needed to Enhance for Possession of Sawed-Off Shotgun; City Ordinance Violation Not Necessarily Countable in Crim History

By Shari Allison

US v. Saavedra, No. 07-2192 (10th Cir. May 1, 2008): Half a sentencing loaf for a defendant who pled guilty to being an addict or unlawful user of a controlled substance in possession of a firearm and ammunition, in violation of 18 USC 922(g)(3). Following a traffic stop, Mr. Saavedra told ABQ officers he had a shotgun inside the vehicle. An unregistered, sawed-off 12-gauge shotgun with a barrel length of 13.25 inches and a total length of 21 inches was found. Mr. Saavedra's girlfriend helpfully volunteered that Mr. Saavedra habitually used heroin, and he confirmed this. He said he knew the weapon was "short," he thought the barrel was 18 inches long. Mr. Saavedra pled guilty to the drug user in possession charge in exchange for the government dropping the unregistered firearms count...continue to full post

Full post as published by Tenth Circuit Blog on May 02, 2008 (boomark / email).