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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.