DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
042312P.pdf 08/25/2005 United States v. John F. Stobaugh
U.S. Court of Appeals Case No: 04-2312
Western District of Missouri
[PUBLISHED] [Gruender, Author, with Riley and Bowman, Circuit
Judges]
Criminal Case - sentencing. Presentation of evidence to support section
2K2.1(c) cross-reference offense level rather than the section 2K2.1(a)
base offense level set forth in plea agreement did not breach plea
agreement, as government was not bound by calculations in plea
agreement and was permitted to present entirety of criminal activities.
District court did not clearly err in finding connection between firearm
possession and drug trafficking. District court's calculation of criminal
history points was based on sufficiently reliable information. Challenges
to sentence were waived and enforcing appeal waiver is not a
miscarriage of justice.