United States v. Long, No. 16-1419 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction for possession with intent to distribute a controlled substance and possession of a firearm by a felon. The court held that the district court did not err in denying defendant's motion to suppress the evidence discovered during the search. In this case, defendant, the unauthorized-driver-once-removed, with only indirect permission from the authorized driver to drive the vehicle, did not have standing to challenge the search of the vehicle. The court also held that the district court did not err by assessing additional criminal history points under USSG 4A1.1(e) based on defendant's Missouri conviction for armed criminal action. Furthermore, defendant's 360-month sentence was substantively reasonable where the district court clearly addressed the 18 U.S.C. 3553(a) factors and did not abuse its discretion.
Court Description: Melloy, Author, with Loken and Murphy, Circuit Judges] Criminal case - Criminal law and sentencing. Defendant, the unauthorized-driver-once-removed, with only indirect permission from the authorized driver to drive the vehicle, does not have standing to challenge the search of the vehicle; Missouri's armed criminal action statute was a crime of violence under the then-existing residual clause, and the district court did not err in assessing a criminal history point for defendant's conviction for armed criminal action; the district court adequately explained its reasoning for imposing an upward variance, clearly addressing the 3553(a) factors and was within its discretion in imposing a 360-month sentence.
The court issued a subsequent related opinion or order on October 12, 2018.
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