United States Eighth Circuit

Sentence for firearms possession is reversed and remanded where the district court erred in imposing a four-level sentencing enhancement for being a felon in possession of a firearm in connection with another felony as it failed to make the required specific finding of whether the firearm facilitated, or had the potential to facilitate, defendant's drug possession.

Appellate Information

• Decided 03/31/2009
• Published 03/31/2009

Judges

• RILEY, Circuit Judge., Before RILEY, SMITH, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Ty Gaither, Gaither and Roberts, Joplin, MO, for appellant.


• For Appellees:
  
• James J. Kelleher, Asst. U.S. Atty., Springfield, MO (John F. Wood, U.S. Atty., Kansas City, MO, on the brief), for appellee.