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U.S. v. COLE

Nos. 07-2593, 07-2808.

525 F.3d 656 (2008)

UNITED STATES of America, Appellee, v. Robert Earl COLE, also known as Reggie Anderson, Appellant. United States of America, Appellee, v. Linda Darcell Gilbert, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 15, 2008.

Attorney(s) appearing for the Case

David E. Mullin, argued, Cedar Rapids, IA, for appellant in 07-2593.

Dennis McKelvie, argued, Ginnell, IA, for appellant in 07-2808.

Stephanie M. Rose, AUSA, argued, Cedar Rapids, IA, for appellee.

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

ARNOLD, Circuit Judge.

Robert Cole and Linda Gilbert, husband and wife, were convicted of possessing an unregistered firearm, see 26 U.S.C. §§ 5841, 5861(d), 5871. Mr. Cole was also convicted of being a felon and a drug user in possession of firearms, see 18 U.S.C. § 922(g)(1), (g)(3). Ms. Gilbert appeals the application of two enhancements to her sentence and the denial of a downward departure from the sentencing guidelines. Mr. Cole...

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