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U.S. v. SMITH

No. 05-3474.

472 F.3d 752 (2006)

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

United States Court of Appeals, Tenth Circuit.

December 20, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:* Robin D. Fowler of Bath & Edmonds, P.A., Overland Park, Kansas, for Defendant-Appellant.

Eric F. Melgren, United States Attorney, and Tristram W. Hunt, Assistant United States Attorney, Kansas City, Kansas, for Plaintiff-Appellee.

Before MURPHY, SEYMOUR, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

A jury convicted Douglas Smith on June 17, 2005, of four counts of manufacturing methamphetamine with intent to distribute, maintaining a drug-involved premises, and possessing firearms during and in relation to a drug-trafficking crime. On December 5, 2005, the trial court sentenced Mr. Smith to 123 months in prison. Mr. Smith appeals his conviction as to one count — possession of firearms during the crime — on the ground that...

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