U.S. v. EADEN

No. 18-50379.

914 F.3d 1004 (2019)

UNITED STATES of America, Plaintiff-Appellee v. Milo EADEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED February 5, 2019.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, Elizabeth Berenguer , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Peter Christian Smythe , Smythe, P.C., Fort Worth, TX, for Defendant-Appellant.

Before JOLLY, JONES, and DENNIS, Circuit Judges.


The question of first impression presented in this sentencing appeal concerns the effect of a defendant's possession of ammunition alone, as opposed to a firearm, during a drug trafficking offense. Milo Eaden appeals his four-level sentencing enhancement pursuant to U.S.S.G. § 2k2.1(b)(6)(B) for using or possessing...

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