United States v. Anthony James Smith

HANSEN, Circuit Judge.

We previously affirmed Anthony James Smith’s conviction and 324-month sentence for attempting to manufacture five grams or more of actual methamphetamine and his 120-month concurrent sentence for being a felon in possession of a firearm. See United States v. Smith, 363 F.3d 811 (8th Cir.2004), vacated by 543 U.S. 1103, 125 S.Ct. 1001, 160 L.Ed.2d 1013 (2005). The Supreme Court granted Smith’s petition for certiorari and remanded Smith’s case to us for reconsideration in light of United States v. Booker, 543 U.S. 220, 259, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) (excising…