U.S. v. SMITH

No. 96-3415.

116 F.3d 857 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Brandon J. SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 27, 1997.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Kenneth G. Gale, Focht, Hughey & Calvert, Wichita, KS, for Defendant-Appellant.

Jackie N. Williams, U.S. Attorney, and Michael G. Christensen, Assistant U.S. Attorney, Wichita, KS, for Plaintiff-Appellee.

Before TACHA, BALDOCK, and LUCERO, Circuit Judges.


TACHA, Circuit Judge.

This appeal is from a judgment and sentence imposed upon defendant Smith after this court's reversal of the appellant's conviction on Count III of an indictment under which appellant had been convicted of a firearms count subsequently reversed by the United States Supreme Court after Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Defendant appeals, alleging that the district court erred in enhancing defendant...

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