U.S. v. DENNIS

No. 90-5407SD.

926 F.2d 768 (1991)

UNITED STATES of America, Appellee, v. Andrew James DENNIS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 27, 1991.


Attorney(s) appearing for the Case

Scott Hoy, Sioux Falls, S.D., for appellant.

Bonnie Ulrich, Asst. U.S. Atty., Sioux Falls, S.D., for appellee.

Before McMILLIAN, FAGG, and MAGILL, Circuit Judges.


PER CURIAM.

Andrew James Dennis appeals from a guidelines sentence of twenty-seven months following his guilty plea to possession of an unregistered firearm. We affirm.

Dennis first claims the district court erroneously increased his offense level under U.S.S.G. § 2K2.2(b)(1)(B) for distributing six firearms although he was indicted for possessing only a single sawed-off shotgun. We disagree. In drug cases, this court has sanctioned the use of uncharged...

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