United States v. John Bowers
2014 U.S. App. LEXIS 3988
| 8th Cir. | 2014Background
- Bowers pleaded guilty to being a felon in possession of a firearm and ammunition (18 U.S.C. §§ 922(g)(1), 924(a)(2)).
- The PSR set base offense level at 24 and added 2 levels for a stolen firearm and 4 levels for possession in connection with another felony, then subtracted 3 levels for acceptance of responsibility, yielding total level 27 and a 130–162 month advisory range with a 120-month statutory max.
- The government informed the court that the two enhancements should not apply, and that the total offense level should be 21 (77–96 month range).
- Bowers objected to PSR paragraphs supporting the four-level enhancement; he later withdrew those objections, while continuing to contest other paragraphs that effected the enhancements.
- The district court applied the four-level enhancement, denied the stolen-firearm enhancement, granted the 3-level acceptance reduction, and set total level at 25 with an 110–137 month range, sentencing Bowers to 110 months.
- On appeal, Bowers challenged the § 2K2.1(b)(6)(B) enhancement as unsupported by independent evidence; the Government and the district court relied on the PSR facts the objections had been withdrawn to approve the enhancement; the panel affirmed the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §2K2.1(b)(6)(B) applied based on PSR facts after objections were withdrawn. | Bowers argues the enhancement lacks evidentiary support since objections to PSR facts persisted. | Bowers withdrew objections to the PSR facts, permitting reliance on them to apply the enhancement. | No reversible error; district court could rely on the PSR facts after objections were withdrawn. |
Key Cases Cited
- United States v. Replogle, 628 F.3d 1026 (8th Cir. 2011) (may rely on PSR facts if objections target only application of guidelines)
- United States v. Poor Bear, 359 F.3d 1038 (8th Cir. 2004) (preponderance standard for PSR facts when objections exist)
- United States v. Bledsoe, 445 F.3d 1069 (8th Cir. 2006) (withdrawn written objections effect waiver of PSR factual objections)
- United States v. White, 447 F.3d 1029 (8th Cir. 2006) (written objections withdrawn when defendant confirms accuracy)
- United States v. DeWitt, 366 F.3d 667 (8th Cir. 2004) (district court may conduct its own investigation)