United States v. Robinson, No. 15-1697 (8th Cir. 2016)
Annotate this CaseDefendant appealed his 75-month sentence after being convicted of being a felon in possession of a firearm. After reviewing the record, the court could not tell whether the district court relied on the residual clause or the force clause to determine that defendant's prior offenses were crimes of violence. Although defendant could not prevail on this appeal if the district court sentenced him under the Guidelines's residual clause, he could if the district court sentenced him under the force clause. Since the record does not reveal which provision guided the district court's decision, the court remanded for resentencing.
Court Description: Arnold, Author, with Wollman and Shepherd, Circuit Judges] Criminal case - Sentencing. Since the record does not reveal whether defendant was sentenced under the residual clause or the force clause of Guidelines Section4B1.2(a), and his sentence would be plain error if it were imposed under the force clause, the better course is to remand the case for resentencing to permit the district court to clarify its reasoning and make a reviewable record.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.