United States v. Lionel Dixon
2016 U.S. App. LEXIS 8904
| 8th Cir. | 2016Background
- On May 21, 2014, Lionel Dixon retrieved a pistol during a confrontation, threatened a neighbor, and was arrested; the recovered pistol was later found nonfunctional when an officer attempted to test-fire it.
- Dixon pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- At sentencing the Government sought a four-level enhancement under USSG § 2K2.1(b)(6)(B), arguing Dixon used the firearm in connection with a state felony: exhibiting a weapon "readily capable of lethal use" in an angry or threatening manner (Mo. Rev. Stat. § 571.030.1(4)).
- Dixon argued the enhancement was improper because the pistol was nonfunctional and therefore not "readily capable of lethal use." The district court agreed with Dixon’s reasoning but applied the enhancement based on Missouri Supreme Court precedent.
- The enhancement increased Dixon’s Guidelines range from 37–46 months to 57–71 months; the district court varied downward and sentenced him to 48 months.
- Dixon appealed the application of the § 2K2.1(b)(6)(B) enhancement; he did not challenge the substantive reasonableness of his sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a nonfunctional firearm can qualify as a weapon "readily capable of lethal use" under Mo. Rev. Stat. § 571.030.1(4) for purposes of triggering USSG § 2K2.1(b)(6)(B) | Dixon: Nonfunctional pistol is not "readily capable of lethal use," so no underlying felony and no 4-level enhancement | Government/District Court: Missouri law (as interpreted by the Missouri Supreme Court) does not require functionality to prove a § 571.030.1 offense; enhancement is appropriate | Affirmed: Under Missouri Supreme Court precedent, functionality is not required; enhancement properly applied |
Key Cases Cited
- United States v. Littrell, 557 F.3d 616 (8th Cir.) (standard for finding underlying felony under USSG § 2K2.1(b)(6))
- United States v. Rodriguez, 711 F.3d 928 (8th Cir.) (standards of review for enhancement findings)
- State v. Wright, 382 S.W.3d 902 (Mo. 2012) (Missouri Supreme Court held state need not prove firearm is functional to convict under § 571.030.1)
- Johnson v. United States, 559 U.S. 133 (Supreme Court) (federal courts bound by state courts' interpretations of state criminal statutes)