United States Eighth Circuit

Sentence for firearms possession is vacated and remanded for resentencing where the district court erred in using the defendant's prior conviction in calculating his offense level under the advisory sentencing guidelines as the the conviction did not not qualify as a crime of violence under Guidelines sec. 2K2.1(a)(4)(A).

Appellate Information

• Decided 04/20/2009
• Published 04/20/2009

Judges

• SHEPHERD, Circuit Judge., Before COLLOTON, BRIGHT, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John P. Messina, AFPD, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• Matt M. Dummermuth, argued, Washington, DC, Kandice A. Wilcox, AUSA, on the brief, Cedar Rapids, IA, for appellee.