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.

042759P.pdf   04/06/2005  United States  v.  Keith Thompson
   U.S. Court of Appeals Case No:  04-2759
   Eastern District of Arkansas   
   Criminal Case - sentencing. Conviction for being a felon in possession 
   of a firearm is affirmed. Sentence of 46 months was not subject to 
   enhancements and all facts necessary to support sentence were proved to a 
   jury beyond a reasonable doubt. District court's announced alternative 
   sentence of 46 months renders remand futile because any error was 
   harmless. Sentence is affirmed, as it is reasonable. District court did not 
   plainly err in not giving justification instruction because Eighth Circuit 
   has not adopted the instruction. Defendant consented to search of vehicle 
   and thus there was no Fourth Amendment violation. [PUBLISHED] [Judge 
   Smith, Author, with Melloy and Colloton, Circuit Judges]