United States v. Fisher, No. 19-3023 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not err by imposing sentencing enhancements for possessing three to seven firearms and possessing a firearm capable of accepting a high capacity magazine. In this case, the evidence was sufficient to show constructive or joint possession, if not actual possession of the firearms. The court also held that the district court did not err by imposing an enhancement for possession of the firearm in connection with another felony offense where the firearm facilitated or had the potential of facilitating drug possession. Finally, the court held that any error in imposing any of the enhancements was harmless because the district court expressly stated it would have adopted the sentence regardless of its rulings on the enhancements.
Court Description: [Per Curiam - Before Smith, Chief Judge, and Benton and Kobes, Circuit Judges] Criminal case - Sentencing. The district court did not err in imposing enhancements for possessing three to seven firearms and possessing a firearm capable of accepting a high capacity magazine, as the evidence was sufficient to show constructive or joint possession, if not actual possession of the weapons; no error in imposing an enhancement for possession of the firearm in connection with another felony offense, as the firearm facilitated or had the potential of facilitating drug possession; any error in imposing any of the enhancements was harmless as the district court expressly stated it would have adopted the sentence regardless of its rulings on the enhancements. [ July 07, 2020 ]
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