United States v. Lori Jenkins
2015 U.S. App. LEXIS 11543
| 8th Cir. | 2015Background
- Jenkins was convicted on two counts of felon in possession of ammunition under 18 U.S.C. §§ 922(g)(1), 924(a)(2) and sentenced to 120 months.
- The indictment charged shoplifting over $1,500 for Jenkins’s prior felony, but certified evidence shows a prior conviction for shoplifting over $500–$1,500 (class IV).
- A jury question asked about Nebraska class 3 and class 4 felonies; the court instructed that a felony is an offense carrying more than one year in prison.
- The PSR used § 2K2.1(c)(1)(B) cross-reference to § 2A1.1, treating ammunition transfers as related to murder; result was a life-range assessment.
- The district court’s judgments and Jenkins’s appellate challenges raised sufficiency of evidence, a supplemental jury instruction, and the cross-reference application; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of prior felony proof | Jenkins contends the indictment and proof do not show a qualifying prior felony. | Jenkins argues the prior felony did not exceed one year’s punishment per the indictment. | Indictment defect harmless; prior felony shown by certified copy is sufficient. |
| Supplemental jury instruction adequacy | Jenkins argues the instruction misstates Nebraska law or is prejudicial. | The instruction accurately and neutrally conveyed Nebraska felony definition. | Court did not abuse discretion; instruction was clear, neutral, and non-prejudicial. |
| Cross-reference and sentencing under § 2K2.1(c)(1)(B) | Alleged that applying cross-reference violated Alleyne/Apprendi/Blakely. | Sentence within advisory range; enhancement facts may be found by preponderance. | No error; cross-reference does not raise penalty beyond statutory maximum or minimum; standard upheld. |
| Sufficiency of sentencing evidence for transfers and deaths | Evidence insufficient to tie Jenkins’s transfer to deaths. | Evidence establishes transfer to son and related fatalities. | Preponderance of the evidence supports four deaths from transfers. |
Key Cases Cited
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997) (existence of prior conviction suffices; specific facts of the prior offense need not be proven)
- United States v. Carter, 270 F.3d 731 (8th Cir. 2001) (government need prove existence of prior felony conviction)
- United States v. Colton, 742 F.3d 345 (8th Cir. 2014) (de novo review of legal conclusions; evidence standard for enhancements)
- United States v. Lee, 374 F.3d 637 (8th Cir. 2004) (plain-error review for indictment defects affecting substantial rights)
- United States v. Thomas, 615 F.3d 895 (8th Cir. 2010) (law question for whether a conviction qualifies as a predicate felony)