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United States Eighth Circuit


US v. Pate, 07-2207

A sentence for possession of a firearm after having been convicted of a felony offense, and assaulting, resisting, and impeding a law enforcement officer resulting in injury to the officer's person, is affirmed over claims that the district court erred by: 1) applying a two-level enhancement under U.S.S.G. section 2K2.1(b)(1) for firearms which were not test fired; and 2) imposing a four-level enhancement pursuant to U.S.S.G. section 2K2.1(b)(6) for possessing a firearm in connection with another felony offense.

Appellate Information

  • Decided 03/13/2008
  • Published 03/13/2008

Judges

  • GRITZNER, District Judge., Before WOLLMAN and SMITH, Circuit Judges, and GRITZNER, District Judge.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Omar Greene, AFPD, argued, Little Rock, AR, for appellant.

  • For Appellees:
  • Claude S. Hawkins, Jr., AUSA, argued, Fort Smith, AR, Charles E. Smith, AUSA, on the brief, Fort Smith, for appellee.
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