Felon-In-Possession Sentence Affirmed Despite Subsequent Repeal of Relevant Definition

U.S. v. Whitehead, 2005 WL 2422484 (10th Cir. 10/3/05) - Mr. Whitehead pled guilty to being a felon in possession of a firearm. At the time of his offense, the firearm he was convicted of possessing fell within the 18 U.S.C. § 921(a)(30) definition of a "semiautomatic assault weapon." Shortly before his sentencing, however, that § was repealed. COA holds that what counts under USSG § 2K2.1(a)(4)(B), which sets a base offense level of 20, is the status of the firearm when the offense was committed, not at the time of sentencing.