United States v. Mosley
2012 U.S. App. LEXIS 4590
8th Cir.2012Background
- Mosley pleaded guilty to unlawful possession of a firearm as a prior felon, in violation of 18 U.S.C. § 922(g).
- At sentencing, the district court applied a four-level enhancement under USSG § 2K2.1(b)(6) for possessing a firearm in connection with another felony (Iowa Code § 708.8, going armed with intent).
- The court also imposed a supervised-release condition prohibiting alcohol use and entry into bars or establishments whose primary income comes from alcohol sales.
- The advisory guideline range became 18 to 24 months, and Mosley received 18 months in prison, a $100 special assessment, and two years of supervised release with the alcohol-related condition.
- Mosley challenged both the 2K2.1(b)(6) enhancement and the alcohol-related condition on appeal.
- The panel affirmed the district court’s rulings on both issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 4-level enhancement for firearm in connection with another felony is supported | Mosley; lacked specific intent to use against daughter | U.S.; showed specific intent under Iowa § 708.8 | Enhancement sustained; not clearly erroneous |
| Whether the alcohol-related supervised-release condition was properly imposed | Mosley; no history justifying total ban | U.S.; history of substance use and mental health supports prohibition | Condition affirmed; district court did not abuse discretion |
Key Cases Cited
- United States v. Gomez-Hernandez, 300 F.3d 974 (8th Cir. 2002) (requires intent to use dangerous weapon to inflict serious injury)
- United States v. Slayton, 417 N.W.2d 432 (Iowa 1987) (Iowa statute 708.8; specific intent to use)
- United States v. Bass, 121 F.3d 1218 (8th Cir. 1997) (reversed total alcohol ban where no drug dependence shown)
- United States v. Behler, 187 F.3d 772 (8th Cir. 1999) (upheld alcohol ban where evidence supported rehabilitation concerns)
- United States v. Forde, 664 F.3d 1219 (8th Cir. 2012) (recognizes broad discretion in supervised-release decisions)
- United States v. Crose, 284 F.3d 911 (8th Cir. 2002) (cited in context of rehabilitation and alcohol considerations)
- United States v. Prendergast, 979 F.2d 1289 (8th Cir. 1992) (vacated alcohol prohibition in some contexts; reliance limited)