United States v. Smith, No. 10-2998 (8th Cir. 2011)
Annotate this CaseDefendant pled guilty to conspiring to distribute 500 grams or more of a mixture or substance containing methamphetamine and to possession with intent to distribute five grams or more of pure methamphetamine. On appeal, defendant contended that the district court erred in applying a two-level specific offense characteristic for possession of a firearm. Defendant also contended that his sentence was unreasonable and that his forfeiture order was unauthorized by statute and unconstitutional. The court held that the district court's finding that defendant possessed a firearm in connection with his offense was not clearly erroneous even if he used the gun solely for target practice. The court also held that defendant's sentence was substantively reasonable where the district court considered several relevant aggravating factors. The court further held that the district court was authorized by 21 U.S.C. 853(p) to enter the money judgment and the judgment did not violate defendant's procedural due process rights. Accordingly, the judgment of the district court was affirmed.
Court Description: Criminal case - Sentencing. No error in imposing a two-level specific offense characteristic for possession of a firearm under Guidelines Sec. 2D1.1(b)(1); sentence was not unreasonable; forfeiture order affirmed as 28 U.S.C. Sec. 853 permits imposition of a money judgment on a defendant who has no assets at the time of sentencing, and such a judgment does not violate defendant's substantive due process rights or create a double jeopardy or excessive fines violation.
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