U.S. v. Pate, 8th Cir. Mar. 13, 2008
07-2207 U.S. v. Pate
U.S. District Court for the Western District of Arkansas - Hot Springs
[PUBLISHED] [Gritzner, Author, with Wollman and Smith, Circuit Judges]
Criminal case - Sentencing. Defendant failed to raise the affirmative
defense that one of the firearms in the case was an antique, and the
burden did not shift to the government to disprove that fact; as a result,
the district court did not err in including the weapon in calculating the
total number of firearms defendant possessed for purposes of Guidelines
Sec. 2K2.1(b)(1); adequate evidence support the trial court’s conclusion
that all of the weapons were loaded and could have been used; no error in
imposing a four-level enhancement under Guidelines Sec. 2K2.1(b)(6)
for possession of the weapons in connection with another felony - the
manufacture of methamphetamine.
