United States v. Arinthius Johnson

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 11, 2019
• Docket: 18-3279
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-3279 ___________________________

United States of America

Plaintiff - Appellee

v.

Arinthius Johnson

Defendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: September 23, 2019 Filed: October 11, 2019 [Unpublished] ____________

Before KELLY, MELLOY, and STRAS, Circuit Judges. ____________

PER CURIAM.

Arinthius Johnson received a below-Guidelines-range, 96-month prison sentence after pleading guilty to possessing a firearm as a felon. 18 U.S.C. §§ 922(g)(1), 924(a)(2). On appeal, he argues that the district court 1 erroneously

1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri. -1- counted his prior Missouri conviction of unlawful use of a weapon as a “crime of violence,” which increased his base offense level under the Sentencing Guidelines. See U.S.S.G. §§ 2K2.1(a)(2), 4B1.2(a); see also Mo. Rev. Stat. § 571.030.1(4). We considered and rejected this argument in United States v. Hudson, 851 F.3d 807 (8th Cir. 2017). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________

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