United States Eighth Circuit

A conviction and sentence for being a felon in possession of a firearm is vacated in part as to the sentence and remanded where the district court erred in imposing an obstruction of justice enhancement based on perjury as the record did not establish with the required clarity that the court exercised its independent judgment in reaching the decision to impose the enhancement.

Appellate Information

• Decided 05/29/2007
• Published 05/29/2007

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN and MELLOY, Circuit Judges, and NANGLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kent Alan Gummert, argued, West Des Moines, IA, for appellant.


• For Appellees:
  
• Edwin F. Kelly, Jr., Asst. U.S. Atty., argued, Des Moines, IA (Cliff Wendel, Asst. U.S. Atty., on brief), for appellee.