United States v. Varner, No. 11-2687 (8th Cir. 2012)
Annotate this CaseDefendant was convicted of being a felon in possession of a firearm. The court held that the evidence was sufficient for a reasonable jury to conclude that defendant was guilty of being a felon in possession of a firearm; the district court did not abuse its discretion in admitting evidence of a crack pipe where the probative value outweighed the potential prejudicial effect; and the district court did not err by not granting a downward departure under U.S.S.G. 5H1.4 on account of defendant's back injuries where this issue fell within the district court's discretion. Accordingly, the court affirmed the conviction and sentence.
Court Description: Criminal case - Criminal law and sentencing. The evidence was sufficient to support defendant's conviction for being a felon in possession of a firearm; no error in admitting evidence that a crack pipe was found next to the weapon; while defendant suffers from a serious physical disability, the issue of sentencing him below the guidelines fell within the district court's discretion.
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