Legal Opinion

United States v. Donald Frank Smith

Court of Appeals for the Eleventh Circuit

Decided March 6, 2009No. 08-11474UnpublishedCited by 4 opinions

1Per curiam

After a jury trial, Donald Frank Smith was convicted of possessing a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g), and sentenced to 120 months in prison. He appeals his conviction and sentence. After review and oral argument, we affirm, his conviction but vacate his sentence and remand for re-sentencing.

I. BACKGROUND

A. Smith’s Arrest; State and Federal Charges

On August 5, 2006, Smith was arrested by Atlanta police. Smith’s arrest stemmed from a fight between Smith and Atlanta police officer Matthew Henderson. Officer Henderson was called to the scene after Nadia Boothe…

2Cases cited37 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Alabama v. WhiteSupreme Court of the United States · 1990
  3. United States v. LopezSupreme Court of the United States · 1995
  4. Murray Stein v. Reynolds Securities, Inc.Court of Appeals for the Eleventh Circuit · 1982
  5. United States v. MorrisonSupreme Court of the United States · 2000

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3Cited by4 opinions

  1. Gomez v. LozanoDistrict Court, S.D. Florida · 2012
  2. United States v. AcostaDistrict Court, N.D. Georgia · 2011
  3. United States v. Florida West International Airways, Inc.District Court, S.D. Florida · 2012
  4. KERIEKAN PALMER v. CITY OF DAYTONA BEACH, TRAVIS BARRETT, COLLIN HOWELL and CARNEISHA MOOREDistrict Court, M.D. Florida · 2026

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