United States Eighth Circuit

Defendant's firearm possession sentence is affirmed where: 1) there was sufficient evidence in the record that defendant's actions in his prior resisting arrest offense created a substantial risk of serious physical injury or death; and 2) the Sentencing Commission intended the U.S.S.G. sections 2K2.1 and 3A1.2 enhancements to be cumulative.

Appellate Information

• Decided 10/22/2009
• Published 10/22/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William J. Raymond, Asst. Fed. Public Defender, Kansas City, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.


• For Appellees:
  
• Paul S. Becker, Asst. U.S. Atty., Kansas City, MO, argued (Matt J. Whitworth, Acting U.S. Atty., on the brief), for appellee.