United States Eighth Circuit

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US v. Smith, 07-3592

A sentence for being a felon and an unlawful user of methamphetamine in possession of firearms and ammunition, and knowingly and intentionally possessing methamphetamine, is reversed and remanded where: 1) the circuit court rejects a conclusion that the mere presence of drug residue, i.e., a de minimis amount of drugs, and firearms alone is sufficient to prove the "in connection with" requirement of U.S.S.G. section 2K2.1(b)(6) when the "felony offense" is drug possession; 2) whether a firearm "facilitated, or had the potential of facilitating" a felony offense of drug possession must be determined based on the facts of each individual case; and 3) in this case, the record did not support such a finding.

Appellate Information

  • Decided 07/30/2008
  • Published 07/30/2008

Judges

  • MELLOY, Circuit Judge., Before MELLOY, ARNOLD, and BENTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • 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.

  • For Appellees:
  • 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.