United States v. Gilliam, No. 18-2017 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction and sentence for two counts of being a felon in possession of a firearm. The court held that the district court did not commit plain error by not merging his firearm possession counts; defendant's possession of the gun was not continuous; the admission of a detective's testimony was harmless error; there was no sentencing error because the contested fourth point to defendant's criminal history calculation could be added for the first degree robbery conviction under USSG 4A1.1(e); and defendant's prior Missouri second-degree robbery conviction constitutes a crime of violence.
Court Description: Smith, Author, with Kelly and Kobes, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not err in denying defendant's motion to merge two counts for possession of a firearm as the evidence showed he possessed the gun on two different occasions and his possession of the gun between the two dates was not continuous; where no hearsay exception applied to a statement, the district court did not abuse its discretion by declining to tell the jury to disregard the statement; a fourth point could be properly added under Guidelines Sec. 4A1.1(e); defendant's Missouri second-degree robbery conviction is a crime of violence.
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