United States v. David Leon Smith

Plaintiff-Appellant United States of America (“the government”) appeals from a sentence imposed pursuant to the Sentencing Guidelines (“the guidelines”) following the conviction of defendant David Leon Smith (“Smith”) for violating 26 U.S.C. § 5861(d), possession of an unregistered sawed-off rifle. 18 U.S.C. § 3742(b), and in particular § 3742(b)(2), authorizes the United States to prosecute an appeal from a sentence imposed in a criminal case upon the claim that the district court incorrectly applied the guidelines. 1 In this appeal, the government contends that the district court failed to…