DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041258P.pdf 06/21/2005 USA v. James Bell
U.S. Court of Appeals Case No: 04-1258
Western District of Missouri
[PUBLISHED] [Bowman, Author, with Bye and Melloy, Circuit
Judges]
Criminal case - Sentencing Guidelines. Where defendant denied prior
felony arrest, challenged the evidence against him, insisted his possession
of a firearm was justified and showed no remorse until he was convicted,
the district court did not err in denying his request for an acceptance-of-
responsibility reduction; district court did not err in imposing a four-level
increase to defendant's offense level based on a finding that he possessed
the firearm in connection with another felony - exhibiting the firearm in a
threatening manner; applying Pirani's plain error analysis, defendant was
not entitled to Booker relief as he failed to demonstrate a reasonable
probability that the district court would have imposed a lesser sentence
under an advisory guidelines scheme.