(DOWNLOAD) "United States V. Smith" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: United States V. Smith
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 11, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
MILBURN, Circuit Judge. Defendant Scott E. Smith appeals the judgment of conviction and sentence entered following his guilty pleas to charges of assault of a postmaster and robbery of a United States Post Office in violation of 18 U.S.C. §§ 2114 and 2, and carrying a firearm in relation to a crime of violence in violation of 18 U.S.C. §§ 924(c) and 2. On appeal, the issues are (1) whether defendant's guilty plea to the charge of carrying a firearm in relation to a crime of violence violated the due process clause of the Fifth Amendment because the record establishes that the alleged firearm was an antique firearm, (2) whether the district court erred in enhancing defendant's total offense level by two levels under United States Sentencing Guidelines ("U.S.S.G.") § 2B3.1(b)(2)(D)*fn1 when defendant was also convicted of violating 18 U.S.C. § 924(c), and (3) whether appellant was denied the effective assistance of counsel when his attorney permitted him to plead guilty to the firearm charge and failed to object to the two-level enhancement under U.S.S.G. § 2B3.1(b)(2)(D). For the reasons that follow, we affirm in part, reverse in part, and remand for resentencing.
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