United States v. Holm
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LOKEN, Circuit Judge.
Bryan Scott Holm pleaded guilty to being a felon in possession of a firearm and ammunition. See 18 U.S.C. §§ 922(g)(1), 924(a)(2). The plea agreement included a stipulation, not binding on the court at sentencing, “that the firearm was not used in connection with another felony offense pursuant to U.S.S.G. § 2K2.1(b)(6)(B).” See Fed.R.Crim.P. 11(c)(1)(B). The Pre-sentence Investigation Report (“PSR”) nonetheless recommended that the court apply this four-level enhancement. At sentencing, the district court1 overruled Holm’s timely objection to the recommended enhancement,…
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