United States v. Jacob Boots

816 F.3d 971, 2016 U.S. App. LEXIS 4296, 2016 WL 877956
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 8, 2016
Docket15-1503
StatusPublished
Cited by15 cases

This text of 816 F.3d 971 (United States v. Jacob Boots) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jacob Boots, 816 F.3d 971, 2016 U.S. App. LEXIS 4296, 2016 WL 877956 (8th Cir. 2016).

Opinions

PER CURIAM.

Jacob Boots pleaded guilty to possessing a firearm as a felon. He now appeals the 88-month sentence that the district court1 imposed. Boots argues that the district court erred in (1) finding that his prior conviction for assault while using or displaying a dangerous weapon constitutes a crime of violence, (2) finding that he possessed a firearm in' connection with the felony offense of carrying weapons, and (3) imposing an alternate sentence. We affirm.

I. Background

In April 2014, law enforcement officers made a valid traffic stop on a vehicle in Cedar Rapids, Iowa. Boots was a passenger in the vehicle, seated directly behind the driver. During a search of the vehicle, the officers found a Smith and Wesson 9mm handgun with . the serial number sanded off. Boots could easily reach the firearm from his seat. Boots was arrested and later charged with various federal firearm offenses to which he pleaded guilty. In his plea agreement, Boots stipulated that he “knew the firearm was in the vehicle and intended to exercise dominion and control over the firearm by removing it from the vehicle, once he reached his destination.” .

In August 2014, a grand jury returned a one-count indictment charging Boots for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). Boots later pleaded guilty to the indictment pursuant to a plea agreement. At the sentencing hearing, the district court found that Boots violated the Iowa-carrying-weapons offense under Iowa Code § 724.4(1). And previously, Boots was convicted of assault while displaying a dangerous weapon, in violation of Iowa Code §§ 708.1 and 708.2(3).

In February 2015, Boots appeared before the district court for sentencing. The court first addressed the base offense level under U.S.S.G. § 2K2.1(a)(4)(A) and (b)(6)(B). Subsection (a)(4)(A) provides that the base level should be adjusted to 20 if a defendant possesses the firearm subsequent to already having been convicted of a crime of violence. The court determined that Boots’s previous Iowa conviction constituted a crime of violence. As a result, the court increased Boots’s base offense level from 14 to 20.

Subsection (b)(6)(B) allows a four-level enhancement if the defendant possessed a firearm in connection with another felony offense. Relying on United States v. Walker, 771 F.3d 449 (8th Cir.2014), cert. denied, — U.S. —, 135 S.Ct. 1538, 191 L.Ed.2d 566 (2015), the court found that Boots possessed a firearm in connection with violating Iowa Code § 724.4(1) and applied the four-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B). The court also applied an additional four-level enhancement under U.S.S.G. §’2K2.1(b)(4)(B) because the firearm had an altered or obliterated serial number.

These enhancements, coupled with a three-level reduction for accéptance of responsibility, left Boots with a total offense level of 25. The court calculated Boots’s [973]*973criminal history category to be VI. Thus, the court calculated the Guidelines range to be 110-135 months; however, because the statutory maximum is 120 months’ imprisonment, the court adjusted the Guidelines range to 110-12Q rnonths. Finally, the court granted the government’s motion to reduce Boots’s sentence under U.S.S.G. § 5K1.1 for contributing to a federal investigation; this reduced Boots’s. Guidelines range to 88-96 months.

Ultimately, the court sentenced Boots to 88 months’ imprisonment—the low end of the Guidelines. The court also gave an alternate sentence “if [it] erred in calculating the advisory guideline sentence.” In that event,

the Court would vary and impose a non-guideline sentence after considering the factors at 18 United States Code Section 3553(a), and the Court’s nonguideline sentence would also be 88 months.
And I would base my nonguideline sentence on all of the 3553(a) factors, but, in particular, the history and characteristics -of this defendant. , He presents a real danger to the community. He lacks respect for himself and for others. His involvement in criminal activity has been very concentrated, all as an adult. A good portion of it is violent and aggressive.

The court cited nine of Boots’s previous convictions to illustrate his danger to society and noted that “almost all of his criminal history is aggressive, assaultive, violent-based.” The court emphasized that Boots likely would recidivate because he had neither tried to find gainful employment nor treat his drug abuse.

II. Discussion

On appeal, Boots raises three arguments—two challenging whether the Guidelines range was correctly calculated and one challenging the alternate sentence. Because we find the district court did not err in calculating the sentence under the Guidelines,- it is unnecessary for us to address Boots’s third argument disputing the alternate sentence.

We review de novo “[t]he legal conclusions a district court reaches in order to apply an enhancement for purposes of calculating an advisory guidelines range.” United States v. Septon, 557 F.3d 934, 936 (8th Cir.2009) (citing United States v. Blankenship, 552 F.3d 703, 707 (8th Cir. 2009)). But “factual findings underpinning the enhancement are reviewed for clear error.” Id. (citing Blankenship, 552 F.3d at 707).

A. U.S.S.G. § 2K2.1(a)a)(A) Enhancement

Boots first argues the district court erroneously concluded that his prior conviction of assault while displaying a dangerous weapon was a crime of violence. The Guidelines increase the base offense level of a felon in possession of a firearm to 20 if “the defendant committed any part of the instant offense subsequent to sustaining one felony conviction of either a crime of violence or a controlled substance offense.” U.S.S.G. § 2K2.1(a)(4)(A). Section 4B1.2(a), in turn, defines “crime of violence” as “any offense under federal or state law, punishable by imprisonment for a term exceeding one year that ... has as an element the use, attempted use, or threatened use of physical force against the person, . of another.” U.S.S.G. § 4B 1.2(a)(1).

The State of Iowa convicted Boots for violating Iowa Code § 708.1(3) (2010). A person-violates this section by “[i]ntentionally pointing] any firearm toward another, or display[ing] in a threatening manner any dangerous weapon toward another.” Iowa Code § 708.1(3) (2010). Section 708.2(3) provides that “[a] person who commits an assault, as defined in section 708.1, and uses or. displays a dangerous weapon in connection with the assault, is [974]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Jermaine Daye
90 F.4th 941 (Eighth Circuit, 2024)
United States v. Catrell Green
70 F.4th 478 (Eighth Circuit, 2023)
United States v. Sunni Newell
Eighth Circuit, 2020
United States v. Brian Carter
961 F.3d 953 (Seventh Circuit, 2020)
Pamela Golinveaux v. United States
915 F.3d 564 (Eighth Circuit, 2019)
United States v. Christopher McGee
890 F.3d 730 (Eighth Circuit, 2018)
United States v. Joshua Charter
697 F. App'x 879 (Eighth Circuit, 2017)
United States v. Marvin Hicks
668 F. App'x 683 (Eighth Circuit, 2016)
United States v. Adam Gilson
654 F. App'x 247 (Eighth Circuit, 2016)
United States v. Jesse Walker
653 F. App'x 851 (Eighth Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
816 F.3d 971, 2016 U.S. App. LEXIS 4296, 2016 WL 877956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jacob-boots-ca8-2016.