United States v. Peeples, No. 16-4039 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's 105-month sentence after he pleaded guilty to being a felon in possession of ammunition. The court held that the district court did not err by finding that defendant's prior conviction for attempted murder under Iowa Code 707.11 was a crime of violence where the statute has as an element the use or attempted use of force; the district court did not err by applying a four-level upward departure from defendant's total offense level under USSG 5K2.6 for use of a weapon in the commission of an offense; and defendant's within-guidelines sentence was substantively reasonable and the district court did not abuse its discretion.
Court Description: Shepherd, Author, with Wollman and Beam, Circuit Judges] Criminal case - Sentencing. The district court did not err in determining, for sentencing purposes, that defendant's prior conviction for attempted murder in violation of Iowa Code Sec. 707.11 (1991) was a crime of violence under Section 2K2.1(a)(4)(A); no error in imposing an upward departure under Guidelines Sec. 5K2.6 for use of a weapon in the commission of an offense; within-guidelines sentence was not substantively unreasonable or an abuse of the district court's discretion.
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