United States v. Davis, No. 13-3028 (8th Cir. 2014)
Annotate this CaseDefendant appealed his sentence for being a felon in possession of a firearm. The district court imposed a sentence of 120 months of imprisonment after applying the first-degree murder cross-reference from U.S.S.G. 2A1.1 where defendant possessed the firearm while participating in a homicide. The court concluded that the district court did not err by conducting its own fact-finding for the purposes of the section 2A1.1 cross-reference and otherwise determining the guidelines range. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal case - Sentencing. In a prosecution for being a felon in possession, the government introduced evidence at sentencing that defendant had possessed the firearm while participating in a homicide, and the district court did not err in applying the first-degree murder Guidelines Sec. 2A1.1 cross-reference; application of the cross-reference did not implicate Apprendi nor Alleyne.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.