Legal Opinion

United States v. Darren Lavon Smiley

Court of Appeals for the Eleventh Circuit

Decided January 16, 2008No. 07-11641UnpublishedCited by 1 opinion

Non-Argument Calendar.

1Per curiam

Darren Smiley appeals his conviction and sentence for possession of a firearm by a convicted felon. He raises the following issues: (1) whether the evidence was sufficient to support his conviction; (2) whether the court properly determined his status as a armed career criminal; (3) whether he possessed the firearm in connection with a crime of violence; and (4) whether the court abused its discretion by departing upward in his sentence. After a thorough review of the record, we affirm.

I. Background

According to the testimony at trial viewed in the light most favorable to the government,…

2Cases cited27 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Koon v. United StatesSupreme Court of the United States · 1996
  4. Ewing v. CaliforniaSupreme Court of the United States · 2003
  5. United States v. Charles Crawford, Jr.Court of Appeals for the Eleventh Circuit · 2005

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3Cited by1 opinion

  1. Davis v. United States of America (INMATE 3)District Court, M.D. Alabama · 2019

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