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U.S. v. KHANG

No. 89-5223.

904 F.2d 1219 (1990)

UNITED STATES of America, Appellee, v. Xiong Yer KHANG, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 23, 1990.

Attorney(s) appearing for the Case

Colia F. Ceisel, St. Paul, Minn., for appellant.

Joseph T. Walbran, Minneapolis, Minn., for appellee.

Before WOLLMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and McMILLAN, United States District Judge.

HEANEY, Senior Circuit Judge.

Xiong Yer Khang pled guilty to the importation of opium. At the time of his arrest, a firearm was found in his home near a stash of opium. During the guilty plea stage and at the sentencing hearing, the government conceded that the firearm was not related to the importation charge. The district court, notwithstanding the government's concession, enhanced Khang's sentence two levels under U.S.S.G. § 2D1.1(b)(1) because it found that...

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