United States v. Michael Wayne Jacobson, 406 F. App'x 91

Jacobson pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams+ methamphetamine and to unlawful firearm possession by a user of controlled substances.
He was sentenced to 120 months’ imprisonment on each count, to be served concurrently.
On appeal, Jacobson challenged a two-level enhancement under § 2D1.1(b)(1) for possession of a dangerous weapon, which affected eligibility for safety-valve relief under § 3553(f).
He argued the enhancement and the § 5C1.2(a)(2) safety-valve condition were unconstitutional post-Heller, and that his earlier guilty plea affected review of these arguments.
The court held that the issues were not plain-error and that the guilty plea impaired non-jurisdictional constitutional challenges, affirming the sentence.
The panel concluded there was no clear error in applying the sentencing guidelines to his firearm-related conduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the § 2D1.1(b)(1) weapon enhancement was plainly erroneous.	Jacobson argues the enhancement was unconstitutional after Heller.	The government argues the enhancement is consistent with post-Heller precedent.	No plain error; enhancement sustained.
Whether the safety-valve relief under § 3553(f) was properly denied due to the weapon enhancement.	Jacobson contends the enhancement foreclosed safety-valve relief.	The enhancement does not compel denial of safety valve without clear error.	Safety-valve relief denied by guideline application; no plain error.
Whether Jacobson’s constitutional challenges to § 922(g)(3) and the sentencing enhancements are foreclosed due to the guilty plea.	Guilty plea does not bar appellate review of constitutional claims.	Guilty plea constitutes waiver of non-jurisdictional defects; plain-error review limited.	Guilty plea forecloses non-jurisdictional constitutional challenges; no plain-error review.

United States v. Winters, 600 F.3d 963 (8th Cir. 2010) (forfeitability and plain-error principles in review of claims raised on appeal)
United States v. Seay, 620 F.3d 919 (8th Cir. 2010) (facial vs as-applied challenges post-guilty plea)
United States v. De La Garza, 516 F.3d 1266 (11th Cir. 2008) (guilty plea as waiver rather than failure of review for constitutional challenges)
United States v. Galbraith, 200 F.3d 1006 (7th Cir. 2000) (guilty plea as waiver of non-jurisdictional defects not entitled to review)
District of Columbia v. Heller, 128 S. Ct. 2783 (S. Ct. 2008) (recognition of individual right to keep and bear arms; accepts firearm prohibitions and conditions post-Heller)
United States v. Pazour, 609 F.3d 950 (8th Cir. 2010) (plain-error review under circumstances where law lacks clear controlling authority)