United States v. Arinthius Johnson, No. 18-3279 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Kelly, Melloy and Stras, Circuit Judges] Criminal case - Sentencing. The district court did not err in counting defendant's prior Missouri conviction for unlawful use of a weapon as a crime of violence. See U.S. v. Hudson, 851 F.3d 897 (8th Cir. 2017).
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3279 ___________________________ United States of America Plaintiff - Appellee v. Arinthius Johnson Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: September 23, 2019 Filed: October 11, 2019 [Unpublished] ____________ Before KELLY, MELLOY, and STRAS, Circuit Judges. ____________ PER CURIAM. Arinthius Johnson received a below-Guidelines-range, 96-month prison sentence after pleading guilty to possessing a firearm as a felon. 18 U.S.C. §§ 922(g)(1), 924(a)(2). On appeal, he argues that the district court 1 erroneously 1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri. -1- counted his prior Missouri conviction of unlawful use of a weapon as a “crime of violence,” which increased his base offense level under the Sentencing Guidelines. See U.S.S.G. §§ 2K2.1(a)(2), 4B1.2(a); see also Mo. Rev. Stat. § 571.030.1(4). We considered and rejected this argument in United States v. Hudson, 851 F.3d 807 (8th Cir. 2017). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________ -2-
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