United States v. Glinn, No. 16-2918 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction and 78 month sentence for theft of a firearm from a federally licensed firearms dealer. This circuit has held that proof of the act of stealing does not require proof of a defendant's specific intent to permanently deprive, and thus defendant's proposed additional jury instruction was unnecessary. The court held that the district court correctly concluded that defendant's base offense level was fourteen because he was a prohibited person, a drug user, at the time of the offense under USSG 2K2.1(a)(6)(A). Furthermore, the district court correctly increased that base offense level by two under USSG 2K2.1(b)(4)(A) because the firearm was stolen. Finally, the court held that the special condition prohibiting the use of alcohol and prohibiting defendant from entering bars or taverns was reasonably related to the 18 U.S.C. 3553(a) factors.
Court Description: Beam, Author, with Riley, Circuit Judge, and Rossiter, District Judge] Criminal case - Criminal law and sentencing. No error in refusing to give defendant's proposed instruction on intent as this circuit has held that proof of the act of stealing does not require proof of a defendant's specific intent to permanently deprive; district court correctly determined defendant's base offense level based on the fact that he was a prohibited person, a drug user, at the time of this firearms offense; no error in imposing a two-level increase under Guidelines Sec. 2K2.1(b)(4)(A); no error in imposing a special condition of supervised release regarding alcohol use and defendant's presence in bars or taverns given his drug use and the dangers of cross addiction. [ July 18, 2017
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