United States v. Thigpen, No. 16-2482 (8th Cir. 2017)
Annotate this CaseDefendant appealed his 120 month sentence after pleading guilty to being a felon and unlawful user in possession of a firearm and ammunition. The government conceded that defendant's Iowa third-degree burglary conviction is not a crime of violence. However, the court concluded that the district court's imposition of the USSG 2K2.1(a)(2) enhancement was harmless error because the district court stated it would impose the same sentence regardless of the guidelines calculation. The court also concluded that the district court did not err in applying the section 2K2.1(b)(4)(B) enhancement where, based on the plain language of section 2K2.1(b)(4)(B), it applies when the serial number on the frame of a firearm is obliterated even if other serial numbers on the firearm, like the one left intact on the slide and the barrel of this weapon, are unaltered; the district court did not err by imposing a four-level enhancement under USSG 2K2.1(b)(6)(B) in light of United States v. Walker; and defendant failed to show any alleged procedural error affected his substantial rights or but for the error he would have received a more favorable sentence. Accordingly, the court affirmed the judgment.
Court Description: Benton, Author, with Loken and Beam, Circuit Judges] Criminal Case - sentencing. Claim that Iowa third-degree burglary is not a crime of violence for enhancement under Guidelines sec. 2K2.1(a)(2), conceded by the government, is nonetheless harmless error, as the district court stated it would impose the same sentence regardless of the guidelines calculation. Challenge to 4-level increase under Guidelines sec. 2K2.1(b)(4)(B) for altered or obliterated serial number, when only one of three serial numbers was altered, is a matter of first impression. Based on the plain language of the guidelines and in accord with the First and Eleventh Circuits, the district court did not err in applying the enhancement when the serial number on the frame was obliterated. Claim of error in imposing 4-level enhancement under section 2K2.1(b)(6)(B) for possessing a firearm in connection with a felony offense is foreclosed by this court's decision in United States v. Walker. District court did not plainly err in stating it was imposing a non-guidelines sentence, as it engaged in a thorough analysis of the section 3553(a) factors. [ February 14, 2017
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