United States Eighth Circuit

A conviction and sentence for being a felon in possession of a firearm is affirmed where: 1) police had probable cause to seize a gun container before they opened it and discovered a gun inside, and thus, there was no error in admitting the firearm; 2) there was no abuse of discretion in admitting pawn shop receipt and ATF form; 3) the evidence was sufficient to support the conviction; 4) prior felony convictions were crimes of violence, for sentencing purposes; 5) there no error in the calculation of his criminal history category; and 6) the sentence was reasonable.

Appellate Information

• Decided 01/09/2008
• Published 01/09/2008

Judges

• JOHN R. GIBSON, Circuit Judge.1, Before LOKEN, Chief Judge, JOHN R. GIBSON, and WOLLMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Steven M. Foritano, Spec. Asst. U.S. Atty., Richard E. Rothrock, Asst. U.S. Atty., Debra L. Scorpiniti, Asst. U.S. Atty., Des Moines, IA, for appellee., Nicholas Drees, Fed. Public Defender, Timothy S. Ross-Boon, Asst. Fed. Public Defender, Des Moines, IA, for appellee.