U.S. v. SMITH

No. 07-3592.

535 F.3d 883 (2008)

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

United States Court of Appeals, Eighth Circuit.

Filed: July 30, 2008.


Attorney(s) appearing for the Case

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

Randall D. Eggert, Asst. U.S. Atty., Springfield, MO, argued (John F. Wood, U.S. Atty., Kansas City, MO, Richard E. Monroe, Asst. U.S. Atty., Springfield, MO, on the brief), for appellee.

Before MELLOY, ARNOLD, and BENTON, Circuit Judges.


MELLOY, Circuit Judge.

Daniel Ray Smith pled guilty to being a felon and an unlawful user of methamphetamine in possession of firearms and ammunition, in violation of 18 U.S.C. § 922(g)(1) and (3), and to knowingly and intentionally possessing methamphetamine in violation of 21 U.S.C. § 844(a). Over Smith's objection, the district court imposed a four-level enhancement under U.S.S.G. § 2K2.1(b)(6) for possessing firearms in connection with the felony...

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