Conviction and sentence for drug crimes is affirmed where: 1) the evidence was sufficient to show defendant was an unlawful user of marijuana; 2) the evidence was sufficient for a jury to reasonably conclude that defendant was an unlawful user of marijuana in possession of a firearm; and 3) even if the district court procedurally erred in granting the government’s motion for an upward departure in his advisory guidelines range, the error is harmless and the sentence would be affirmed based on the district court’s alternative decision to impose an upward variance based on the U.S.S.G. sec. 3553(a) factors.
Read US v. Johnson, No. 08-3140
Appellate InformationAppeal from the United States District Court for the Western District of Arkansas.Submitted: April 15, 2009Filed: July 10, 2009
JudgesBefore WOLLMAN, MELLOY and GRUENDER, Circuit Judges.Opinion by GRUENDER, Circuit Judge.
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