United States v. Anthony O'Donnell

Opinion

United States Court of Appeals For the Eighth Circuit

___________________________

No. 25-2746

___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Anthony Kyle O’Donnell

lllllllllllllllllllllDefendant - Appellant

____________

Appeal from United States District Court for the Northern District of Iowa - Eastern

____________

Submitted: August 20, 2026 Filed: August 26, 2026

[Unpublished]

____________

Before GRASZ, ERICKSON, and STRAS, Circuit Judges.

____________

PER CURIAM.

Anthony O’Donnell appeals after he pled guilty to being a felon in possession of a firearm. He argues that the district court1 erred by denying his motion to dismiss

1 The Honorable C.J. Williams, Chief Judge, United States District Court for the Northern District of Iowa.

the indictment and by applying a cross-reference to the provision for attempted firstdegree murder when calculating his Guidelines range.

Having carefully reviewed the record and parties’ arguments on appeal, we conclude the district court properly denied the motion to dismiss, as O’Donnell’s arguments are foreclosed by our precedent. See United States v. Richardson, 175 F.4th 1012, 1013 (8th Cir. 2026) (per curiam). We also conclude the district court did not err in using the cross-reference. See United States v. Angel, 93 F.4th 1075, 1078- 79 (8th Cir. 2024) (standard of review). Accordingly, we affirm.

______________________________