United States v. Price, No. 16-1334 (8th Cir. 2017)
Annotate this CaseDefendant appealed his 110 month sentence after pleading guilty to possessing firearms as a felon. The court concluded that the record supported the district court's conclusion that defendant's prior convictions for attempted-aggravated-assault in Kansas required violent force and fell under the force clause of USSG 4B1.2(a). The court also concluded that the district court did not err by applying a four-level enhancement under USSG 2K2.1(b)(6)(B) for possession in connection with another felony, possessing marijuana. Accordingly, the court affirmed the judgment.
Court Description: Per Curiam - Before Riley, Smith and Kelly, Circuit Judges] Criminal case - Sentencing. The district court did not err in determining defendant's conviction for attempted-aggravated-assault under Kan. Stat. Ann. Sec. 21-3410(a) (2007) required violent force and fell within the force clause of Guidelines Sec. 4B1.2(a); no error in imposing an enhancement under Guidelines Sec. 2K2.1(b)(6)(B) based on the district court's finding defendant possessed the firearm in connection with another felony (possession of marijuana).
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