United States v. John Pierce, No. 18-3629 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam. Before Chief Judge Smith, Gruender, and Benton, Circuit Judges] Criminal Case - sentence. District court did not err in applying four-level enhancement for possession of a firearm in connection with another felony offense. This case is controlled by United States v. Walker, 771 F.3d 449 (8th Cir. 2014), holding that violation of Iowa Code section 724.4(1) constitutes "another felony offense" for purposes of Guidelines sec. 2K2.1(b)(6)(B)enhancement.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3629 ___________________________ United States of America Plaintiff - Appellee v. John Joseph Pierce Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: October 14, 2019 Filed: November 25, 2019 [Unpublished] ____________ Before SMITH, Chief Judge, GRUENDER and BENTON, Circuit Judges. ____________ PER CURIAM. John Pierce pleaded guilty to being a felon in possession of a firearm. See 18 U.S.C. §§ 922(g)(1), 924(a)(2). His presentence investigation report included a fourlevel enhancement for possession of a firearm in connection with another felony offense. See U.S.S.G. § 2K2.1(b)(6)(B). Pierce objected to the enhancement. The district court 1 overruled the objection and calculated a total offense level of 23, a criminal history category of VI, and an advisory sentencing guidelines range of 92 to 115 months. The district court sentenced Pierce to 92 months’ imprisonment. Pierce argues on appeal that the district court erred in applying the four-level enhancement for possession of a firearm in connection with another felony offense because his firearms possession “merely facilitated another firearm possession offense.” See Iowa Code § 724.4(1). He argues that the enhancement is meant to address “additional conduct that is somehow aided or advanced by a defendant’s firearm possession.” We review a district court’s application of the sentencing guidelines de novo. United States v. Johnson, 846 F.3d 1249, 1250 (8th Cir. 2017). Pierce concedes that his argument is controlled by our decision in United States v. Walker, 771 F.3d 449 (8th Cir. 2014). In Walker, we held that a violation of Iowa Code section 724.4(1), as here, constitutes “another felony offense” for purposes of a § 2K2.1(b)(6)(B) enhancement. 771 F.3d at 452-53. We thus affirm the district court’s sentence. See United States v. Manning, 786 F.3d 684, 686 (8th Cir. 2015) (“A panel of this Court is bound by a prior Eighth Circuit decision unless that case is overruled by the Court sitting en banc.”). ______________________________ 1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. -2-
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