United States v. Maid, No. 14-1546 (8th Cir. 2014)
Annotate this CaseDefendant appealed his sentence after pleading guilty to possession of a firearm as a felon. The court concluded that the district court did not err in calculating defendant's advisory sentencing guidelines range where his conviction for assault while displaying a dangerous weapon under Iowa Code 708.1(3) categorically qualifies as a crime of violence under U.S.S.G. 4B1.2(a)(1). Consequently, the district court did not err in determining defendant's base offense level under U.S.S.G. 2K2.1(a)(2). Further, defendant's sentence was substantively reasonable where the district court considered the 18 U.S.C. 3553(a) factors and heard extensive arguments from defendant's counsel from each of these factors. Accordingly, the court affirmed the judgment.
Court Description: Criminal Case - sentence. Conviction for assault while displaying a dangerous weapon (Iowa Code sec. 708.1(3) qualifies as a threatened use of physical force and categorically qualifies as a crime of violence under USSG sec. 4B1.2(a)(1). Thus, district court did not err in determining base offense level pursuant to sec. 2K2.1(a)(2). Within-guidelines range sentence is presumed to be substantively reasonable. Record does not reveal clear error of judgment in district court's decision that the section 3553(a) factors, on the whole, justified the sentence.
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