United States Eighth Circuit

Defendant's sentence for being a felon in possession of a firearm is affirmed where: 1) defendant's 1995 adjudication for First Degree Criminal Sexual Conduct under Minnesota's Extended Juvenile Jurisdiction (EJJ) was not a predicate offense under 18 U.S.C. section 924(e); 2) because the firearm defendant possessed in Minnesota was manufactured in Massachusetts, there was a sufficient interstate nexus to provide federal jurisdiction; and 3) given defendant's violent and extensive criminal history, as well as the district court’s consideration of the sentencing factors, the imposed sentence was substantively reasonable.

Appellate Information

• Decided 12/07/2010
• Published 12/07/2010

Judges

• Duane M. Benton

Court

• United States Eighth Circuit

Counsel