United States v. Kwane Wheat

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 10, 2022
• Docket: 21-2531
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-2531 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Kwane Demarchel Wheat

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: March 7, 2022 Filed: March 10, 2022 [Unpublished] ____________

Before LOKEN, BENTON, and SHEPHERD, Circuit Judges. ____________

PER CURIAM.

Kwane Wheat appeals the sentence the district court1 imposed after he pleaded guilty to firearm offenses. On appeal, Wheat argues that the district court erred in determining that one of his prior convictions constituted a crime of violence.

1 The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa. Upon careful review, we find that the district court did not err in finding that Wheat’s conviction under Iowa Code § 708.2(1) was a crime of violence. See United States v. Craig, 630 F.3d 717, 723 (8th Cir. 2011) (district court’s finding that a prior conviction constitutes a crime of violence under the Sentencing Guidelines is reviewed de novo); see also United States v. Quigley, 943 F.3d 390, 395 (8th Cir. 2019) (conviction under § 708.2(1) qualifies as a crime of violence under the Guidelines; mere speculation that § 702.2(1) could be applied to conduct not involving physical force does not take the offense outside the scope of the force clause; “we can think of no non-fanciful, non-theoretical manner in which to commit such crime without at least threatening use of physical force”).

Accordingly, we affirm. ______________________________

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