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U.S. v. HOLM

No. 13-1258.

745 F.3d 938 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan Scott HOLM, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 21, 2014.

Attorney(s) appearing for the Case

Dean A. Stowers , Stowers Law Firm, West Des Moines, IA, argued, for appellant.

Andrew H. Kahl , Asst. U.S. Atty., Des Moines, IA, argued ( Nicholas A. Klinefeldt , U.S. Atty., on the brief), for appellee.

Before LOKEN, MURPHY, and COLLOTON, Circuit Judges.

LOKEN, Circuit Judge.

Bryan Scott Holm pleaded guilty to being a felon in possession of a firearm and ammunition. See 18 U.S.C. §§ 922(g)(1), 924(a)(2). The plea agreement included a stipulation, not binding on the court at sentencing, "that the firearm was not used in connection with another felony offense pursuant to U.S.S.G. § 2K2.1(b)(6)(B)." See Fed.R.Crim.P. 11(c)(1)(B). The Presentence Investigation Report ("PSR") nonetheless recommended...

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