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U.S. v. JOHNSTON

No. 07-2001.

533 F.3d 972 (2008)

UNITED STATES of America, Appellee, v. Matthew Dwain JOHNSTON, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 21, 2008.

Attorney(s) appearing for the Case

John P. Messina, AFPD, argued, Des Moines, IA, for appellant.

Robert L. Teig, AUSA, argued, Daniel C. Tvedt, AUSA, Cedar Rapids, on the brief, for appellee.

Before BYE, JOHN R. GIBSON, and MELLOY, Circuit Judges.

BYE, Circuit Judge.

Matthew Dwain Johnston pleaded guilty to possession of firearms and ammunition by an unlawful user of controlled substances in violation of 18 U.S.C. § 922(g)(3), and the district court1 sentenced him to 120 months of imprisonment, the statutory maximum available for such crime. He appeals his sentence arguing the district court erred in applying a four-level enhancement under United States Sentencing Guideline...

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