Filed: Nov. 29, 1996
Latest Update: Mar. 02, 2020
Summary: _ No. 95-3308 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Carl Robinson, * * [UNPUBLISHED] Appellant. * _ Submitted: September 12, 1996 Filed: November 29, 1996 _ Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _ PER CURIAM. Carl Robinson challenges the 66-month sentence imposed by the 1 district court after he pleaded guilty to being a felon in possession of a firearm, in violation of 18
Summary: _ No. 95-3308 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Carl Robinson, * * [UNPUBLISHED] Appellant. * _ Submitted: September 12, 1996 Filed: November 29, 1996 _ Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _ PER CURIAM. Carl Robinson challenges the 66-month sentence imposed by the 1 district court after he pleaded guilty to being a felon in possession of a firearm, in violation of 18 ..
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___________
No. 95-3308
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Carl Robinson, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: September 12, 1996
Filed: November 29, 1996
___________
Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
___________
PER CURIAM.
Carl Robinson challenges the 66-month sentence imposed by the
1
district court after he pleaded guilty to being a felon in possession of
a firearm, in violation of 18 U.S.C. § 922(g)(1). We affirm.
A police officer stopped Robinson for a traffic violation and asked
Robinson to exit his vehicle. With Robinson's consent, the officer
searched his person and discovered a "hunting-type knife." The officer
arrested Robinson, and a search of the car revealed a loaded, functioning
pistol near the driver's seat. The presentence report recommended a four-
level offense-level increase under U.S.S.G. § 2K2.1(b)(5), on the basis
that Robinson possessed the firearm "in connection with another felony
offense," namely, two
1
The Honorable Stephen N. Limbaugh, United States District
Judge for the Eastern District of Missouri.
counts of "Unlawful Use of a Weapon" to which Robinson had pleaded guilty
in state court.
Robinson objected, contending the increase was not merited because
he was outside his car in police custody and the firearm was inside the
car, out of his reach and control. Thus, Robinson argued, he no longer
possessed the gun at the time he advanced on the officers and unlawfully
used the knife. The district court overruled the objection on the basis
that unlawful use of a weapon is a continuing offense. Robinson now
contends the evidence was insufficient to support the increase, because the
government failed to satisfy section 2K2.1(b)(5)'s "in connection with"
requirement by proving he possessed the firearm to facilitate his unlawful
use of the knife, citing United States v. Routon,
25 F.3d 815 (9th Cir.
1994).
We need not address the argument Robinson raises on appeal, because
he failed to present it to the district court. See United States v. Payne,
81 F.3d 759, 764 (8th Cir. 1996). We conclude the district court did not
clearly err. See United States v. Johnson,
60 F.3d 422, 423 (8th Cir.
1995) (per curiam) (standard of review).
Accordingly, the judgment of the district court is affirmed.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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