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151008P.pdf   05/16/2016  United States  v.  Lionel Dixon
   U.S. Court of Appeals Case No:  15-1008
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Gruender, Author, with Loken and Kelly, Circuit Judges] 
   Criminal case - Sentencing. The district court did not err in imposing an 
   enhancement under Guidelines Sec. 2K2.1(b)(6)(B) for using the weapon in 
   connection with another felony offense - exhibiting a weapon in violation 
   of Mo Rev. Stat. Section 571.030.1(4) - even though the gun was not 
   functional; following Missouri Supreme Court precedents which hold that a 
   gun is readily capable of lethal force even if it is not functional, the 
   court declines to read a non-functionality defense into Mo. Rev. Stat. 
   Section 570.030.1(4). Judge Kelly, concurring.