United States Eighth Circuit

District court's sentencing of a defendant to 180 months' imprisonment, convicted of knowingly possessing a firearm after having been convicted of a misdemeanor crime, is reversed and remanded where the court erred in determining that defendant was an armed career criminal, as the government failed to prove up defendant's convictions before he would be subject to the enhancement issue. Accordingly, district court is directed to resentence defendant based on the record already before it.

Appellate Information

• Decided 08/28/2009
• Published 08/28/2009

Judges

• ARNOLD, Circuit Judge., Before MURPHY, ARNOLD, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark E. Weinhardt, argued, William B. Ortman, on the brief, Des Moines, IA, for appellant.


• For Appellees:
  
• William C. Purdy, AUSA, argued, Clifford D. Wendel, AUSA, on the brief, Des Moines, IA, for appellee.