United States v. Moore, No. 16-4229 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's 12 month and 1 day sentence and his special condition of release requiring him to attend a treatment program for anger control/domestic violence based on a ten-year old conviction for terroristic threats. The court held that the district court did not abuse its discretion by denying a sentence reduction under USSG 2K2.1(b)(2) where the only evidence at sentencing to arguably support a sporting-use reduction related to defendant's firearm offense was that he enjoys hunting, fishing, and competing in gun competitions. However, defendant failed to present any evidence that the firearms he possessed were actually used for those purposes. The court also held that the district court did not abuse its discretion in imposing the special condition of supervised release where there was sufficient basis in the record to support the condition.
Court Description: Melloy, Author, with Wollman and Shepherd, Circuit Judges] Criminal case - Sentencing. The district court did not err in rejecting defendant's request for a sentence reduction under Guidelines Sec. 2K2.1(b)(2) as defendant did not present any evidence that the firearms in question were used for sporting purposes and his own admissions showed the firearms were not possessed solely for sporting or collections purposes; no error in imposing a special condition of supervision requiring anger management counseling where defendant had a prior conviction for making terroristic threats to his ex-girlfriend.
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