Felon in possession of firearm

CASE LAW UPDATE:  Whether defendant’s sentence on conviction of felon in possession of firearm was properly enhanced by prior crime of violence conviction?    

Defendant pleaded guilty to firearms offenses.  The District Court sentenced defendant.  When sentencing, the District Court considered and applied a prior state crime of violence conviction.  Defendant appealed.  On appeal, defendant contended that the prior conviction was not a crime of violence.  The Eighth Circuit Court of Appeals noted that where prior cases had held that defendant’s state offense of conviction was a crime of violence because there was no reasonable way the offense could be committed without physical force or the threat of force, the District Court had properly found that defendant had a prior crime of violence conviction.

United States v. Wheat, 21-2531, per curiam.  Appealed from the United States District Court, Northern District of Iowa.

Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

By |2022-03-28T01:25:38+00:00March 28th, 2022|Victories/Case Law Updates|0 Comments

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