United States v. Spudich

SHEPHERD, Circuit Judge.

John Peter Spudich is before us again, this time appealing the 46-month sentence imposed by the district court 1 at resen- teneing. After oral argument, the Supreme Court issued its opinion in James v. United States, 550 U.S. -, 127 S.Ct. 1586, 167 L.Ed.2d 532 (2007), and this court filed United States v. McCall (McCall II), 507 F.3d 670 (8th Cir.2007). In light of James and McCall II, we affirm.

I

Spudich pled guilty to unlawful possession of a firearm as a previously convicted felon in violation of 18 U.S.C. § 922(g)(1). During Spudich’s first sentencing, 2 the…