U.S. v. GATEWOOD

No. 05-1865.

438 F.3d 894 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Manuel Earl GATEWOOD, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 27, 2006.


Attorney(s) appearing for the Case

Jim Y. Lynn, Asst. U.S. Atty., argued, Jefferson City, MO (Todd P. Graves, U.S. Atty, Kansas City, MO, on the brief), for appellant.

David R. Mercer, Asst. Fed. Public Defender, argued, Springfield, MO, (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellee.

Before LOKEN, Chief Judge, WOLLMAN and RILEY, Circuit Judges.


LOKEN, Chief Judge.

Manuel Gatewood pleaded guilty to being a felon in possession of a firearm. The district court sentenced him to 36 months in prison, substantially below the advisory guidelines sentencing range of 63 to 78 months. The United States appeals. We agree the sentence is unreasonable and therefore remand for resentencing.

Gatewood entered a grocery store in Camdenton, Missouri in March 2004. He asked the cashier for change, removing a shotgun...

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