SMITH v. UNITED STATES

No. 99-2441.

206 F.3d 812 (2000)

Donald R. SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 22, 2000.


Attorney(s) appearing for the Case

John William Simon, Jefferson City, Missouri, for appellant.

D. Michael Green, Assistant U.S. Attorney, Kansas City, Missouri, for appellee.

Before HANSEN, HEANEY, and FAGG, Circuit Judges.


PER CURIAM.

Donald R. Smith pleaded guilty to conspiracy to manufacture methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) & 846. At sentencing, Smith objected to facts in the presentence investigation report showing that a loaded handgun was found under the seat of the pickup Smith was driving when he was arrested. The court enhanced Smith's sentence two levels relying on "the evidence which is in the record, particularly the record of the [codefendant...

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