United States v. Dunlap, No. 18-2696 (8th Cir. 2019)Annotate this Case
Defendant pleaded guilt to one count of bank robbery and one count of unlawful possession of a firearm as a previously convicted felon, and was sentenced to 216 months in prison. On appeal, defendant argued that the district court violated his rights under the Due Process Clause of the Fifth Amendment by retroactively increasing the severity of his punishment based on an "unforeseeable" judicial decision in United States v. Swopes, 886 F.3d 668 (8th Cir. 2018) (en banc), that was filed after the commission of his firearms offense. The Eighth Circuit held that the en banc decision in Swopes was not so unexpected as to raise due process concerns.