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203170P.pdf 01/03/2022 United States v. Keith Carnes
U.S. Court of Appeals Case No: 20-3170
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Shepherd, Author, with Wollman and Kobes, Circuit Judges]
Criminal case - Criminal law and sentencing. The evidence was sufficient
to support defendant's convictions for being an unlawful user of a
controlled substance in possession of a firearm; the government showed
defendant was actively engaged in the use of marijuana during the time he
possessed firearms in 2013 and 2016, thereby satisfying the requisite
temporal nexus between gun possession and regular drug use required under
18 U.S.C. Sec. 922(g)(3); the government also showed defendant knew he was
an unlawful user at the time of each offense; the district court properly
merged two counts arising out of a single incident and correctly orally
sentenced defendant to a single term of supervised release; however, the
written judgment imposed two terms of supervised release, and this
additional term of supervised release is vacated and the matter is
remanded to permit the court to amend the written judgment to conform with
the oral pronouncement of sentence; defendant's sentence was not
substantively unreasonable.