Vietnam Vet, 70, Sentenced to 7 Years for Buying M14 Over 30 Years Ago

[john_pifer]

Originally Posted by Win
Originally Posted by john_pifer
He must not have been receiving good legal advice. This was a horrible plea deal.


https://www.ussc.gov/guidelines/2016-guidelines-manual

This is post plea, of course.


Can you explain?

 

[Win]

Look at the guidelines and grid. DISCLAIMER: I only skimmed it; but it looks like full auto is base 18, and upward deviation of 4 for defaced serial number, so level 22 on the grid for that.

He got the minimum on level 29 or the max on level 27 ( assuming he had no criminal history ).

He may have had some other charges, or some uncharged conduct that went into this. It's impossible to do anything but speculate without reading the pre sentence screening report, and knowing ALL the facts of his case, including what his lawyer(s) knew, that may not be on paper, anywhere.

No way to tell the quality of his legal advice; not enough facts.

Something put him on the radar screen.

 

[JHZR2]

Originally Posted by Win
Without going back and looking at the United States Code, my recollection is that mere possession of an automatic weapon or a weapon with a defaced serial number is illegal - it's disinformation to say this "crime" happened years ago when it was acquired. It was a crime every second he possessed it.

I'm not familiar with the federal sentencing guideline for this type of offense, and he probably got some downward reductions if he cooperated, etc., which it seems like he did since he plead guilty.

Simultaneous possession of drugs and firearms is a HUGE offense in my state; class Y felony, 10-40 or life, type of thing, same as Murder 1. No sense of humor about it - it's a club to make people plea. Who wants to take a chance on life?


That was my understanding of the code. If this was just a discussion of the intrinsic legal matter, it would be one thing. Alas it has turned into a political blame game. Lock time.