United States v. Catrell Green, No. 22-1350 (8th Cir. 2023)

Defendant received a 108-month sentence for possessing a firearm as a felon. He challenged the base-offense-level calculation, a four-level enhancement for possessing a firearm in connection with another felony offense, and the overall length of the sentence. At issue on appeal is whether the crime of assault while displaying a dangerous weapon is a “crime of violence” under U.S.S.G. Section 4B1.2(a).
 
The Eighth Circuit affirmed. The court explained that each of the three ways of committing assault in Iowa requires intent. Thus, contrary to Defendant’s contention, the holding in Borden v. United States is of no help to Defendant. Further, beyond the base offense level, Defendant believes that he did not deserve a four-level enhancement for possessing a firearm “in connection with another felony offense.” The court held that there is Defendant’s guilty plea, which necessarily required him to admit that he possessed the gun. Second, there was a video of him wielding what appeared to be the same gun just days earlier, which shows that he had “authority” and “control” over it. Third, no one disputes that the gun’s location under the front passenger seat placed it within arm’s reach of him. On these facts, the court could not say the district court’s finding that he was “armed” was erroneous. Finally, Defendant challenged the substantive reasonableness of his 108-month prison sentence. The court held that given the 12-month downward variance he received, “it is nearly inconceivable” that the district court “abused its discretion in not varying downward even further.”