United States v. Mosley, No. 11-1592 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to unlawful possession of a firearm as a previously convicted felon. On appeal, defendant challenged the four-level enhancement the district court applied under U.S.S.G. 2K2.1(b)(6) and the special condition relating to alcohol. The court held that it was not clear error for the district court to conclude that defendant exhibited specific intent to inflict serious injury and to apply the enhancement. The court also held that the combination of substance abuse and mental health histories appearing in defendant's record were sufficient to justify the district court's imposition of a condition prohibiting the use of alcohol.
Court Description: Criminal Case - sentencing. District court did not clearly err in finding Mosley acted with the requisite intent to use the weapon against her daughter, sufficient to warrant a four-level enhancement under Guidelines section 2K2.1(b)(6). The district court did not abuse its discretion in imposing a condition prohibiting use of alcohol on supervised release based on the history of substance abuse and mental health issues. Judge Bye concurs and dissents.
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