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Criminal Law: Felon in Possession of Firearm-Constitutionality of Statute-Sentencing Enhancement
Staff Report//May 7, 2026//
Criminal Law: Felon in Possession of Firearm-Constitutionality of Statute-Sentencing Enhancement
Staff Report//May 7, 2026//
Defendant appealed his conviction and sentence for being a felon in possession of a firearm, challenging the constitutionality of the statute of conviction and arguing that the district court erred in imposing an offense level enhancement for possessing a firearm in connection with another felony.
Where defendant’s constitutional argument was foreclosed by circuit precedent, the court affirmed defendant’s conviction, and the government presented sufficient evidence that defendant possessed a firearm in connection with a theft.
Judgment is affirmed.
U.S. v. Gaines (MLW No. 87401/Case No. 24-3400 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa, Locher, J.
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