UNITED STATES v. JOHNSON (2019)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff - Appellee v. Arinthius JOHNSON Defendant - Appellant

No. 18-3279

Decided: October 11, 2019

Before KELLY, MELLOY, and STRAS, Circuit Judges. John Timothy Bird, Assistant U.S. Attorney, Sayler Anne Ault Fleming, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Missouri, Saint Louis, MO, for Plaintiff-Appellee Arinthius Johnson, Pro Se Felicia Annette Jones, Assistant Federal Public Defender, Federal Public Defender's Office, Saint Louis, MO, for Defendant-Appellant

[Unpublished]

Arinthius Johnson received a below-Guidelines-range, 96-month prison sentence after pleading guilty to possessing a firearm as a felon. 18 U.S.C. §§ 922(g)(1), 924(a)(2). On appeal, he argues that the district court ¹ erroneously counted his prior Missouri conviction of unlawful use of a weapon as a “crime of violence,” which increased his base offense level under the Sentencing Guidelines. See U.S.S.G. §§ 2K2.1(a)(2), 4B1.2(a); see also Mo. Rev. Stat. § 571.030.1(4). We considered and rejected this argument in United States v. Hudson, 851 F.3d 807 (8th Cir. 2017). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri.

PER CURIAM.