United States v. Tearon Jackson
701 F. App'x 528
| 8th Cir. | 2017Background
- Tearon Jackson pleaded guilty to: (1) possession of a firearm by an unlawful user of controlled substances (18 U.S.C. §§ 922(g)(3), 924(a)(2)); and (2) possession of a stolen firearm (18 U.S.C. §§ 922(j), 924(a)(2)).
- The district court sentenced Jackson to 30 months’ imprisonment and 3 years’ supervised release.
- The court applied a U.S. Sentencing Guidelines enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possessing a firearm in connection with another felony, based on Jackson’s Iowa conviction for carrying weapons (Iowa Code § 724.4(1)).
- Jackson argued the § 2K2.1(b)(6)(B) enhancement impermissibly double-counted because the federal firearms offenses were inextricably entwined with the Iowa weapons offense.
- Jackson also challenged a special supervised-release condition prohibiting alcohol use and entry into bars/taverns, arguing it was unrelated to his offenses and criminal history.
- The district court relied on the presentence report (PSR) showing long-term marijuana use, intermittent alcohol use, and a history of depression/suicidal ideation to justify the alcohol-related restriction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2K2.1(b)(6)(B) enhancement can apply when state weapons offense is closely related to federal firearms offense | Enhancement double-counts because the federal and state offenses are inextricably entwined | Enhancement valid; a state weapons felony can be "another felony" supporting the enhancement | Enhancement upheld; Walker controls and is binding in this circuit |
| Whether a special condition banning alcohol use and entering bars/taverns is reasonable | Condition is not reasonably related to § 3553(a); offenses unrelated to alcohol and no alcohol-related criminal history | Condition justified by PSR showing long-term marijuana use, risk of cross-addiction, depression, and suicide risk | Condition upheld as within district court’s discretion |
Key Cases Cited
- United States v. Walker, 771 F.3d 449 (8th Cir. 2014) (Iowa weapons offense can support § 2K2.1(b)(6)(B) enhancement)
- United States v. Thigpen, 848 F.3d 841 (8th Cir. 2017) (treating Walker as binding precedent)
- United States v. Godfrey, 863 F.3d 1088 (8th Cir. 2017) (abuse-of-discretion standard for supervised-release conditions)
- United States v. Mosley, 672 F.3d 586 (8th Cir. 2012) (limits on Bass and discussion of sentencing-deference post-Gall)
- Gall v. United States, 552 U.S. 38 (2007) (Supreme Court decision emphasizing sentencing court’s broad discretion)