United States v. Esquibel, No. 19-3177 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not err by applying a four-level enhancement for possessing a firearm in connection with another felony offense under USSG 2K2.1(b)(6)(B) & cmt. n.14(c), and a two-level enhancement for recklessly creating a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer under USSG 2A1.4 cmt. n.1. The court also held that the district court did not err in finding defendant's prior Iowa controlled substance conviction was an enhancing predicate.
Court Description: [Per Curiam - Before Smith, Chief Judge, and Benton and Kobes, Circuit Judges] Criminal case - Sentencing. No error in imposing sentencing enhancements for possession of the firearm in connection with another felony offense or for recklessly creating a substantial risk of death or bodily injury by fleeing from the police; this court has previously found that Iowa's aiding and abetting doctrine is not categorically overbroad and defendant's prior Iowa controlled substance conviction was an enhancing predicate under Guidelines Sec. 4B1.2(b) - see U.S. b. Boleyn, 929 F.3d 932 (8th Cir. 2019). [ July 09, 2020 ]
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.