United States v. Miller, No. 20-2857 (8th Cir. 2021)Annotate this Case
The Eighth Circuit affirmed defendant's conviction and sentence for possession of a firearm by a felon. The court concluded that the district court did not err in denying defendant's motion to suppress and rejected defendant's Franks challenge where the alleged omissions were not clearly critical to the issuing judge's finding of probable cause. Without deciding whether exigent circumstances justified the warrantless entry, the court concluded that any illegality in the entry was not the but-for cause of obtaining the evidence.
The court also concluded that defendant's contention that the National Firearms Act is unconstitutional is foreclosed by Supreme Court precedent. Finally, the court concluded that there was no error in the district court's calculation of a base offense level under USSG 4B1.2(b) based on a prior controlled substance offense; in imposing an enhancement under USSG 2K2.1(a)(3) based on the length of the shotgun's barrel; and in imposing an enhancement under USSG 2K2.1(b)(6)(B) for possession of the weapon in connection with another offense - assault by use or display of a dangerous weapon.