United States Eighth Circuit

Sentence for firearms possession is affirmed where the district court did not err in examining the prior plea agreement and the undisputed facts in the current presentence report to determine that defendant's prior conviction for unlawful possession of a firearm under 18 U.S.C. sec. 922(g) was a crime of violence, as the statute is overinclusive and encompasses both non-violent crimes and crimes of violence.

Appellate Information

• Decided 04/30/2009
• Published 04/30/2009

Judges

• BENTON, Circuit Judge., Before RILEY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen C. Moss, Asst. Fed. Public Defender, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.


• For Appellees:
  
• David A. Barnes, Asst. U.S. Atty., Kansas City, MO (John F. Wood, U.S. Atty., on the brief), for appellee.