Filed: Aug. 13, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3055 _ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Joshua R. Berryhill, lllllllllllllllllllllDefendant - Appellant. _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: June 14, 2019 Filed: August 13, 2019 [Unpublished] _ Before COLLOTON, KELLY, and ERICKSON, Circuit Judges. _ PER CURIAM. Joshua Berryhill pleaded guilty to one count of unlawful possessi
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3055 _ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Joshua R. Berryhill, lllllllllllllllllllllDefendant - Appellant. _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: June 14, 2019 Filed: August 13, 2019 [Unpublished] _ Before COLLOTON, KELLY, and ERICKSON, Circuit Judges. _ PER CURIAM. Joshua Berryhill pleaded guilty to one count of unlawful possessio..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-3055
___________________________
United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Joshua R. Berryhill,
lllllllllllllllllllllDefendant - Appellant.
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: June 14, 2019
Filed: August 13, 2019
[Unpublished]
____________
Before COLLOTON, KELLY, and ERICKSON, Circuit Judges.
____________
PER CURIAM.
Joshua Berryhill pleaded guilty to one count of unlawful possession of a firearm
as a previously convicted felon. See 18 U.S.C. §§ 922(g)(1), 924(a)(2). At
sentencing, the district court1 determined a base offense level of 20 because Berryhill
committed the instant offense after “sustaining one felony conviction of . . . a crime
of violence.” USSG § 2K2.1(a)(4)(A). The court concluded that either of Berryhill’s
two prior Missouri felony convictions—second-degree robbery, in violation of Mo.
Rev. Stat. § 569.030, or armed criminal action, in violation of Mo. Rev. Stat.
§ 571.015—qualified as a “crime of violence.” See USSG § 4B1.2(a). After
calculating an advisory guideline range of 51 to 63 months’ imprisonment, the court
varied downward from the range and sentenced Berryhill to 48 months’ imprisonment.
Berryhill appeals, arguing that the court committed procedural error by finding
that he had sustained a previous conviction for a crime of violence. We have since
held, however, that Missouri second-degree robbery is indeed a crime of violence
under the sentencing guidelines, United States v. Parker,
929 F.3d 940 (8th Cir.
2019), so Berryhill’s contention is foreclosed by circuit precedent. The district court
did not err in calculating the advisory guideline range.
The judgment of the district court is affirmed.
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1
The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
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