Legal Opinion

United States v. Ken R. Fleck, United States of America, Appellee-Cross v. Robert G. Fleck, Jr., Appellant-Cross

Court of Appeals for the Eighth Circuit

Decided June 29, 2005No. 04-1820, 04-1928, 04-1929PublishedCited by 78 opinions

1Opinion of the Court

BEAM, Circuit Judge.

Ken and Robert Fleck were each convicted following a jury trial of one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Both Ken and Robert Fleck appeal (1) the district court’s decision to allow trial testimony regarding another alleged crime, (2) the district court’s application of the sentencing guidelines to find that they possessed nine firearms, and (3) their resulting sentences based on the constitutionality of the sentencing guidelines. In addition, Ken appeals the district court’s finding that he committed the instant…

2Cases cited32 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Rhode Island v. InnisSupreme Court of the United States · 1980
  4. Johnson v. United StatesSupreme Court of the United States · 1997
  5. Oregon v. ElstadSupreme Court of the United States · 1985

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3Cited by78 opinions

  1. United States v. Jesus Adrian Beng-SalazarCourt of Appeals for the Ninth Circuit · 2006
  2. Rodgers v. StateSupreme Court of Florida · 2006
  3. United States v. Jose Efrain Ibarra CantellanoCourt of Appeals for the Eleventh Circuit · 2005
  4. Carol L. Robinson v. John E. Potter, Postmaster GeneralCourt of Appeals for the Eighth Circuit · 2006
  5. State v. StephensonTennessee Supreme Court · 2006

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