United v. Brunet

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Argued: October 18, 2001

Appeal from a judgment of conviction and sentence entered in the United States District Court for the Southern District of New York (Kram, J.). Affirmed.

Maurice Brunet appeals from the 46-month sentence of imprisonment imposed by the United States District Court for the Southern District of New York (Kram, J.), and entered on February 12, 2001, following his plea of guilty (pursuant to a plea agreement) to illegal possession of two machine guns, a short-barreled rifle, and at least one destructive device, in violation of 26 U.S.C. � 5861(d). On appeal, Brunet challenges: (1) the district court’s initial guidelines determination; (2) the district court’s decision not to depart downward based on the allegedly aberrant nature of Brunet’s conduct and his mental condition; (3) the district’s court decision to depart upward one level (pursuant to Application Note 16(2) of U.S.S.G. � 2K2.1) because the offense “involved multiple National Firearms Act weapons”; and (4) the district court’s decision to depart upward two levels (pursuant to Application Note 16(4) of U.S.S.G. � 2K2.1) because the offense “posed a substantial risk of death or bodily injury to multiple individuals.”

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