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Criminal Law-Firearm Offenses-Consideration of Uncharged Conduct-Cross-Reference
Staff Report//July 22, 2026//
Defendant appealed the sentence imposed following his guilty plea to firearm offenses. The district court granted the government’s request for a cross-reference for attempted murder, based on uncharged conduct. The district court rejected defendant’s assertion that use of the uncharged conduct was unconstitutional and found that the government had proven by a preponderance of evidence that defendant was the shooter.
Where there was other circumstantial evidence beyond defendant’s presence at the scene to find that defendant was the shooter and that his possession of a firearm occurred in connection with the shooting, there was no error in applying the cross-reference.
Judgment is affirmed.
U.S. v. Hensley (MLW No. 85099/Case No. 24-3229 – 7 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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