United States v. Ewert, No. 15-3043 (8th Cir. 2016)
Annotate this CaseDefendant pled guilty to making a false statement during the purchase of a firearm and being a felon in possession of firearms. On appeal, defendant challenged his sentence of 84 months in prison. The court concluded that defendant waived his challenge to the constitutionality of the Guidelines because he did not raise that issue in the district court. Even assuming defendant preserved the issue, defendant's argument on the merits is foreclosed by the Supreme Court's decision in Mistretta v. United States. The court also concluded that the district court did not err by applying a four-level enhancement for use or possession of a firearm in connection with another felony offense - harassment in the first degree pursuant to Iowa Code 708.7(1)(b) - under USSG 2K2.1(b)(6)(B). Finally, defendant's sentence is substantively reasonable. Accordingly, the court affirmed the judgment.
Court Description: Riley, Author, with Wollman and Murphy, Circuit Judges] Criminal case - Sentencing. Constitutional challenge to the Sentencing Guidelines was waived, and in any event, must be rejected in light of the Supreme Court's decision in Mistretta; no error in imposing a four-level enhancement under Guidelines Sec. 2K2.1(b)(6)(B) for possessing the weapon in connection with another felony offense (harassment in the first degree under Iowa Code Section 708.7(1)(b)); the sentence imposed was substantively reasonable. [ July 06, 2016
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