United States v. Mathis, No. 17-3642 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not err in determining that defendant committed the Iowa felony of harboring a runaway; in imposing a four-level enhancement under U.S.S.G. 2K2.1(b)(6)(B) where he used his firearm to facilitate the Iowa felony; and in imposing an upward variance based on defendant's extensive criminal history and the need to protect the public.
Court Description: Smith, Author, with Melloy and Stras, Circuit Judges] Criminal case - Sentencing. For the court's earlier opinion in this matter, see United States v. Mathis, 786 F.3d 1068 (8th Cir. 2015), reversed by the Supreme Court in Mathis v. United States, 136 S. Ct. 2243(2016). The district court did not err in determining that defendant committed the Iowa felony of harboring a runaway; the court did not err in imposing a four-level enhancement under Guidelines Sec. 2K2.1(b)(6)(B) as defendant used his firearm to facilitate the Iowa felony; no error in imposing an upward variance based on defendant's extensive criminal history and the need to protect the public.
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