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United States v. Matthew Siefkas, 13-3008 (2014)

Court: Court of Appeals for the Eighth Circuit Number: 13-3008 Visitors: 36
Filed: Jun. 25, 2014
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 13-3008 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Matthew J. Siefkas lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: June 9, 2014 Filed: June 25, 2014 [Unpublished] _ Before BYE, COLLOTON, and KELLY, Circuit Judges. _ PER CURIAM. Matthew Siefkas appeals his sentence of 110 months following his guilty plea
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                 United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 13-3008
                         ___________________________

                              United States of America

                        lllllllllllllllllllll Plaintiff - Appellee

                                           v.

                                 Matthew J. Siefkas

                       lllllllllllllllllllll Defendant - Appellant
                                       ____________

                     Appeal from United States District Court
                for the Western District of Missouri - Kansas City
                                 ____________

                              Submitted: June 9, 2014
                               Filed: June 25, 2014
                                  [Unpublished]
                                   __________

Before BYE, COLLOTON, and KELLY, Circuit Judges.
                           ____________

PER CURIAM.

      Matthew Siefkas appeals his sentence of 110 months following his guilty plea
to one count of being a felon in possession of a firearm in violation of 18 U.S.C.
§ 922(g)(1). Siefkas, a felon, admitted to possessing and discharging a firearm while
intoxicated.1 He challenges a four-level enhancement the district court2 applied under
United States Sentencing Guidelines Manual (U.S.S.G.) § 2K2.1(b)(6)(B) on the
grounds Siefkas possessed the firearm while committing "another felony offense,"
namely, a violation of Mo. Rev. Stat. § 571.030.1(5), which prohibits "knowingly . . .
ha[ving] a firearm . . . readily capable of lethal use on his . . . person, while he . . . is
intoxicated."

       We review for plain error only because this issue was not preserved for appeal
in the district court. United States v. Espinoza Bravo, 
624 F.3d 921
, 924 (8th Cir.
2010). The district court did not plainly err. Siefkas's challenge – brought on the
grounds the four-level enhancement impermissibly double counted his offense
conduct of possessing the firearm – is foreclosed by circuit precedent. See United
States v. Jackson, 
633 F.3d 703
, 706 (8th Cir. 2011) (rejecting a double-counting
challenge to a district court's application of U.S.S.G. § 2K2.1(b)(6)(B) where a state
offense required proof of a separate element not necessary to prove the underlying
felon-in-possession offense); see also United States v. Long, __ F. App'x __, 
2014 WL 1661292
at *2 (8th Cir. Apr. 28, 2014) (applying Jackson to a violation of Mo.
Rev. Stat. § 571.030.1(5) to reject a double-counting challenge to a four-level
enhancement under § 2K2.1(b)(6)(B)).

       We affirm.
                         ______________________________




       1
       The presentence report (PSR) stated Siefkas, at the time he possessed and
discharged a firearm, "appeared to be highly intoxicated as he was almost falling over
as he was walking." PSR at ¶ 6. Siefkas did not object to this statement in the PSR.
       2
       The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.

                                            -2-

Source:  CourtListener

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