United States v. Adkins
636 F.3d 432
8th Cir.2011Background
- Adkins pled guilty to felon in possession of ammunition under 18 U.S.C. § 922(g)(1).
- District court calculated advisory guidelines range of 188–235 months and 3–5 years supervised release (level 31, category VI).
- Adkins was sentenced to 235 months and 5 years supervised release; he appealed.
- Most grounds were resolved as waived due to the plea agreement appeal waiver.
- Only suppression-related issues remained for review, with the court applying de novo review to the ultimate Fourth Amendment ruling.
- The court affirmed in part, dismissed in part, applying waivers to issues (2–4, 6) and addressing suppression independently.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression motion ruling correct? | Adkins contends suppression was improper. | Government argues suppression ruling was correct. | Suppression denial upheld; no clear error in underlying facts. |
| Four-level firearm in connection with felony enhancement (§ 2K2.1(b)(6)) justified? | Adkins argues misapplication of enhancement. | Government asserts proper application per facts. | upheld; enhancement sustained within guidelines framework. |
| ACCA predicate burglary (prior state conviction) qualifies as crime of violence? | Adkins contends prior burglary not ACCA predicate. | Government contends it does satisfy ACCA predicate. | Held as applicable ACCA predicate; [waiver noted]. |
| Second degree burglary as ACCA crime of violence? | Adkins argues second-degree burglary not ACCA predicate. | Government maintains it is a predicate. | Recognized as ACCA predicate; subject to waiver considerations. |
| Sentence substantively reasonable within guidelines? | Adkins claims sentence was substantively unreasonable. | Government maintains reasonable within range and presumption applies. | Sentence deemed substantively reasonable; presumption of reasonableness within the guideline range. |
Key Cases Cited
- United States v. Selvy, 619 F.3d 945 (8th Cir. 2010) (appeal waivers must be within scope and knowingly entered; miscarriage exception)
- United States v. Snelson, 555 F.3d 681 (8th Cir. 2009) (waiver enforcement depends on knowing and intelligent entry)
- United States v. Jones, 586 F.3d 573 (8th Cir. 2009) (ineffective assistance claims usually raised in 2255 proceedings)
- Rita v. United States, 551 U.S. 338 (U.S. 2007) (presumption of reasonableness for within-Guidelines sentences)
- United States v. Vinton, 631 F.3d 476 (8th Cir. 2011) (within-guidelines sentence carries presumption of reasonableness)
- United States v. Brewer, 624 F.3d 900 (8th Cir. 2010) (Fourth Amendment ultimate ruling reviewed de novo; factual findings for clear error)