Sporting purpose exception to sentencing calculation does not apply if defendant uses firearms solely for hunting but also threatens to shoot people

SENTENCING United States v. Sanders, No. 05-8058, ___ F.3d ___ (10th Cir. May 16, 2006)(Wyoming). Appeal of sentence for possessing firearms following misdemeanor domestic-violence conviction in violation of 18 U.S.C. § 922(g)(9). HELD: District court did not err by declining to apply “sporting purposes exception” of U.S.S.G. § 2K2.1(b)(2) to defendant’s sentencing guidelines calculation. Although it was uncontroverted that defendant obtained firearms for hunting purposes and that hunting had been their sole prior use, where defendant repeatedly stated that he intended to shoot someone, it was reasonable for court to infer that he actually meant to use those firearms for such purpose. Accordingly, court could properly find that in addition to sporting purpose, defendant acquired firearms for new purpose of using them to coerce or injure people. Read the opinion here.