Legal Opinion

United States v. Andrew James Dennis

Court of Appeals for the Eighth Circuit

Decided February 27, 1991No. 90-5407SDPublishedCited by 21 opinions

1Per curiam

Andrew James Dennis appeals from a guidelines sentence of twenty-seven months following his guilty plea to possession of an unregistered firearm. We affirm.

Dennis first claims the district court erroneously increased his offense level under U.S.S.G. § 2K2.2(b)(l)(B) for distributing six firearms although he was indicted for possessing only a single sawed-off shotgun. We disagree. In drug cases, this court has sanctioned the use of uncharged but relevant conduct to calculate offense levels, and has held the amount of drugs involved and the relevancy of conduct are factual findings reversible…

2Cases cited4 opinions

  1. Heath v. AlabamaSupreme Court of the United States · 1985
  2. Moore v. IllinoisSupreme Court of the United States · 1852
  3. United States v. Ronnie W. Gooden, United States of America v. James Robert KeenerCourt of Appeals for the Eighth Circuit · 1989
  4. United States v. Troy LawrenceCourt of Appeals for the Eighth Circuit · 1990

3Cited by21 opinions

  1. United States v. BaileyCourt of Appeals for the Eleventh Circuit · 1997
  2. Francisco Rios v. Ron Wiley, Warden, Fpc-Allenwood Ron WileyCourt of Appeals for the Third Circuit · 2000
  3. United States v. Robert J. Prendergast, Jr.Court of Appeals for the Eighth Circuit · 1992
  4. United States v. Russell PartingtonCourt of Appeals for the Sixth Circuit · 1994
  5. United States v. KieferCourt of Appeals for the Eighth Circuit · 1994

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