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U.S. v. SMART

No. 06-3881.

501 F.3d 862 (2007)

UNITED STATES of America, Plaintiff-Appellee v. Robert Lee SMART, Jr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 6, 2007.

Attorney(s) appearing for the Case

Wallace L. Taylor, Cedar Rapids, IA, for appellant.

Richard D. Westphal, AUSA, Davenport, IA, for appellee.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

BENTON, Circuit Judge.

Robert Lee Smart, Jr., pleaded guilty to witness tampering in violation of 18 U.S.C. § 1512(b)(1) and was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court1 sentenced him to 188 months' imprisonment. Smart appeals, asserting the district court erred in: (1) denying his motion for new trial for insufficiency of the evidence; (2) failing to compel...

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