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United States v. Will H. Hawkins, 00-2235 (2001)

Court: Court of Appeals for the Eighth Circuit Number: 00-2235 Visitors: 61
Filed: Jan. 10, 2001
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 00-2235 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Western * District of Missouri Will H. Hawkins, * * [UNPUBLISHED] Appellant. * _ Submitted: January 4, 2001 Filed: January 10, 2001 _ Before McMILLIAN, BOWMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _ PER CURIAM. Will H. Hawkins appeals from the final judgment entered in the District Court1 for the Western District of Mis
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                      United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                      ___________

                                      No. 00-2235
                                      ___________

United States of America,                  *
                                           *
              Appellee,                    *
                                           * Appeal from the United States
       v.                                  * District Court for the Western
                                           * District of Missouri
Will H. Hawkins,                           *
                                           *      [UNPUBLISHED]
              Appellant.                   *
                                      ___________

                            Submitted: January 4, 2001

                                 Filed: January 10, 2001
                                     ___________

Before McMILLIAN, BOWMAN, and MORRIS SHEPPARD ARNOLD, Circuit
      Judges.
                         ___________

PER CURIAM.

       Will H. Hawkins appeals from the final judgment entered in the District Court1
for the Western District of Missouri following his guilty plea to being a felon in
possession of a firearm, in violation of 18 U.S.C. §§ 922(g) and 924(a)(2). The district
court sentenced appellant to 30 months imprisonment and 3 years supervised release.
For reversal appellant argues the district court erred in calculating his base offense level

       1
        The Honorable Scott O. Wright, United States District Judge for the Western
District of Missouri.
under U.S.S.G. § 2K2.1(a)(4)(A) (applicable to, inter alia, a defendant with a prior
felony conviction for “a crime of violence”), because his undisputed prior conviction
for second-degree burglary of a commercial building, i.e., a gun store, did not constitute
“a crime of violence” as contemplated by the Guidelines.

       As appellant concedes, in United States v. Hascall, 
76 F.3d 902
, 906 (8th Cir.),
cert. denied, 
519 U.S. 948
(1996), a panel of this court determined that second-degree
burglaries of commercial buildings are indeed crimes of violence. We are not at liberty
to overrule another panel’s decision. See United States v. Reynolds, 
116 F.3d 328
, 329
(8th Cir. 1997) (refusing to consider argument that Hascall was wrongly decided).

      Accordingly, we affirm.

      A true copy.

             Attest:

                     CLERK, U.S. COURT OF APPEALS EIGHTH CIRCUIT.




                                           -2-

Source:  CourtListener

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