United States v. Smith

After defendant-appellant Charles Necobe Smith pleaded guilty to possessing a firearm as a felon in exchange for the government dismissing a drug count, the district court sentenced him to 60 months in prison. Smith mounts three challenges to how the district court used conduct underlying the charged, but later dismissed, drug count to calculate his advisory Sentencing Guidelines range. For the reasons that follow, we affirm.

I

Police executed a search warrant and raided Smith’s apartment, storming through the front door as Smith ran out the rear. As police pursued Smith, they observed him toss…