United States v. Jacob Boots
2016 U.S. App. LEXIS 4296
| 8th Cir. | 2016Background
- In April 2014 Boots was a passenger in a stopped vehicle; officers found a 9mm handgun with the serial number removed within his reach. He stipulated he knew of the gun and intended to exercise dominion over it.
- A federal grand jury indicted Boots for being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1), 924(a)(2); he pleaded guilty pursuant to a plea agreement.
- At sentencing the district court applied U.S.S.G. § 2K2.1(a)(4)(A), increasing the base offense level to 20 because Boots had a prior Iowa conviction for assault while displaying a dangerous weapon (Iowa Code §§ 708.1(3), 708.2(3)), which the court deemed a “crime of violence.”
- The court also applied a four-level § 2K2.1(b)(6)(B) enhancement for possessing the firearm in connection with another felony (Iowa Code § 724.4(1) — carrying weapons/transporting a firearm in a vehicle) and a four-level enhancement for an altered serial number, then reduced offense level three points for acceptance and granted a 5K1.1 departure for substantial assistance.
- With criminal-history category VI the Guidelines range was effectively capped at 110–120 months, reduced by the 5K1.1 motion to 88–96 months; the court sentenced Boots to 88 months and explicitly gave an alternate non-Guidelines sentence of 88 months in case the Guidelines calculations were erroneous.
Issues
| Issue | Plaintiff's Argument (Boots) | Defendant's Argument (Government/District Court) | Held |
|---|---|---|---|
| Whether Boots’s prior Iowa conviction under §§ 708.1(3), 708.2(3) is a "crime of violence" for § 2K2.1(a)(4)(A) | § 708.1(3) does not require physical force or a threat of physical harm, so it is not categorically a crime of violence | The statute’s elements (intentionally pointing a firearm or displaying a dangerous weapon in a threatening manner) constitute a threatened use of physical force and therefore meet USSG § 4B1.2(a)(1) | Affirmed: prior conviction is a crime of violence and supports the enhancement |
| Whether Iowa Code § 724.4(1) (carrying/transporting a firearm in a vehicle) qualifies as "another felony offense" under § 2K2.1(b)(6)(B) (or is excluded as a firearms-possession offense) | Application Note 14(C)’s exclusion bars using a firearms-possession-type state offense to enhance under (b)(6)(B); applying the enhancement would double count conduct | Under Eighth Circuit precedent (Walker), § 724.4(1) does not fall within the narrow Note 14(C) exclusion and is a distinct felony for (b)(6)(B) purposes; no prohibited double-counting here | Affirmed: four-level (b)(6)(B) enhancement proper |
| Whether the district court violated the Sixth Amendment by making findings supporting the (b)(6)(B) enhancement | Boot asserts jury trial right implicated | Circuit precedent requires only a preponderance finding by the court for another felony offense and facilitation | Rejected: no Sixth Amendment violation under existing precedent |
| Whether the alternate non-Guidelines sentence requires review if Guidelines calculations are correct | Boots contends alternate sentence inappropriate | Court need not address alternate sentence when Guidelines calculation stands | Not reached (unnecessary) |
Key Cases Cited
- United States v. Walker, 771 F.3d 449 (8th Cir. 2014) (holding Iowa Code § 724.4(1) can support § 2K2.1(b)(6)(B) enhancement)
- United States v. Maid, 772 F.3d 1118 (8th Cir. 2014) (holding Iowa assault-with-weapon statute categorically a crime of violence under USSG § 4B1.2)
- United States v. Lindquist, 421 F.3d 751 (8th Cir. 2005) (double-counting concern where same conduct is used for multiple enhancements)
- United States v. Jackson, 633 F.3d 703 (8th Cir. 2011) (interpreting Lindquist and addressing when offenses are sufficiently distinct for (b)(6)(B))
- United States v. Holm, 745 F.3d 938 (8th Cir. 2014) (aggravated misdemeanor under Iowa law treated as a felony for Guidelines purposes)