United States Eighth Circuit

Conviction for firearms possession is affirmed in part and reversed in part where: 1) district court did not err in applying U.S. Sentencing Guidelines sec. 2C1.2 enhancement based on defendant's struggle with officers while armed with a loaded weapon; and 2) court erred in applying four-point enhancement under U.S.S.G. sec. 2K2.1(b)(6) for possession of a firearm in connection with another felony as the court did not find affirmatively that the firearm and drug felonies were adequately connected.

Appellate Information

• Decided 04/03/2009
• Published 04/03/2009

Judges

• MELLOY, Circuit Judge., Before MELLOY and BENTON, Circuit Judges, and DOTY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kevin L. Schriener, argued, St. Louis, MO, Eric C. Bohnet, Indianapolis IN, on the brief, for appellant.


• For Appellees:
  
• Dean John Saucer, AUSA, argued, Richard L. Phoeling, AUSA, on the brief, St. Louis, MO, for appellee.