United States of America v. Jamie Smith

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Submitted: May 12, 2011

Before MURPHY and COLLOTON, Circuit Judges, and ERICKSON,*fn1 District Judge.

Jamie Smith pled guilty to conspiring to distribute 500 grams or more of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846, and to possession with intent to distribute five grams or more of pure methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The district court*fn2 sentenced Smith to 168 months’ imprisonment, and ordered forfeiture of $10,000 pursuant to 21 U.S.C. § 853. Smith appeals, contending that the court erred in applying a two-level specific offense characteristic for possession of a firearm, pursuant to USSG § 2D1.1(b)(1). He also argues that his sentence is unreasonable, and that the forfeiture order is unauthorized by statute and unconstitutional. We affirm.

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