United States v. Dock, No. 19-3359 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed defendant's eight year sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not clearly err in finding that defendant fired the gun by crediting a witness's account in the circumstances. In this case, the record does not refute the witness's account or otherwise offer anything other than emanations of uncertainty, which is not enough to reverse the finding under the court's standard of review.
Court Description: [Arnold, Author, with Loken and Grasz, Circuit Judges] Criminal case - Sentencing. The district court did not clearly err in determining that defendant had fired the gun during a domestic disturbance that led to his arrest for being a felon in possession of a firearm.
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