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                        as a courtesy to the reader. They are not part of the opinion of the court.

063881P.pdf   09/06/2007  United States  v.  Robert Lee Smart Jr.
   U.S. Court of Appeals Case No:  06-3881
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Benton, Author, with Murphy and Shepherd, Circuit
   Judges]
   Criminal case - Criminal law and sentencing. Evidence was sufficient
   to support conviction for being a felon in possession of a firearm, as the
   government proved constructive possession; district court did not abuse
   its discretion in refusing to compel the testimony of two defense
   witnesses who invoked the Fifth Amendment; no error in enhancing
   sentence two levels because the guns defendant possessed were stolen;
   under advisory sentencing guidelines, sentence-enhancing facts need only
   be proven by a preponderance of the evidence; no error in calculating the
   number of firearms or in imposing an upward adjustment based on the
   number of firearms defendant possessed; sentence was not unreasonable.