United States v. Donald Frank Smith
Court of Appeals for the Eleventh Circuit
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…
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