Legal Opinion
United States v. Xiong Yer Khang
Court of Appeals for the Eighth Circuit
Decided May 23, 1990No. 89-5223PublishedCited by 60 opinions
1Opinion of the Court
HEANEY, Senior Circuit Judge.
Xiong Yer Khang pled guilty to the importation of opium. At the time of his arrest, a firearm was found in his home near a stash of opium. During the guilty plea stage and at the sentencing hearing, the government conceded that the firearm was not related to the importation charge. The district court, notwithstanding the government’s concession, enhanced Khang’s sentence two levels under U.S. S.G. § 2D1.1(b)(1) because it found that Khang possessed a firearm during a drug trafficking offense. We reverse and remand.
BACKGROUND
Khang is a forty-year old military…
2Cases cited15 opinions
- Townsend v. BurkeSupreme Court of the United States · 1948
- United States v. WiltbergerSupreme Court of the United States · 1820
- Williams v. United StatesSupreme Court of the United States · 1982
- Dowling v. United StatesSupreme Court of the United States · 1985
- United States v. Samuel ScrogginsCourt of Appeals for the Eleventh Circuit · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- United States v. Trevor Bjorkman, Paul Gunderson, Travis Fearing, Dennis Gunderson, and Joel HagenCourt of Appeals for the Seventh Circuit · 2001
- United States v. MaxwellCourt of Appeals for the Eighth Circuit · 1994
- United States v. Maggie Louise Turpin, United States of America v. Darryl Lee WilliamsCourt of Appeals for the Eighth Circuit · 1990
- United States v. McMurrayCourt of Appeals for the Eighth Circuit · 1994
- United States v. Junior Hall, A/K/A Junior TingleCourt of Appeals for the Eleventh Circuit · 1995
55 more not listed; retrieve them via the Exa API.