Criminal Law: Sentencing – Gun Possession – Forfeiture

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(1)Where a defendant, who was convicted of drug conspiracy charges, argued that a rifle found at his residence was only used for target practices, the gun was stored near a large amount of methamphetamine and was accessible in an open case, so the district court did not err in finding that the defendant possessed the gun in connection with his offense.

(2)Where a district court ordered a forfeiture of $10,000 in drug proceeds, and the defendant had insufficient assets at the time of sentencing for the court to order forfeiture of substitute assets that could be seized immediately, the judgment was not grossly disproportionate to the offense, and the court was authorized to enter the judgment since several circuits have held that Section 853 allows the imposition of a money judgment on defendants who lacked assets at sentencing, and the defendant did not show that the indictment failed to provide him sufficient notice that the government might seek a money judgment.

Judgment is affirmed.

U.S. v. Smith (MLW No. 62804/Case No. 10-2998 – 9 pages) (U.S. Court of Appeals, 8^th Circuit, Colloton, J.) Appealed from U.S. District Court, Northern District of Iowa, Reade, J. (Mark C. Meyer, Cedar Rapids, Iowa, argued for appellant) (Matthew Jeremy Cole, Cedar Rapids, Iowa, argued for appellee; Patrick J. Reinert appeared on the brief).

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