United States Eighth Circuit

Defendant's sentence for being a felon and an unlawful user of a controlled substance in possession of ammunition is affirmed where defendant's access to the rifle he was found with emboldened him to raise a billy club in a threatening manner and thus satisfied U.S.S.G. section 2K2.1(b)(6).

Appellate Information

• Decided 02/05/2010
• Published 02/05/2010

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Ian A. Lewis, AFPD, argued, Springfield, MO, for Appellant.


• For Appellees:
  
• Elizabeth A. Murray, Special AUSA, argued, Springfield, MO, for Appellee.