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United States v. Arinthius Johnson, 18-3279 (2019)

Court: Court of Appeals for the Eighth Circuit Number: 18-3279 Visitors: 54
Filed: Oct. 11, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3279 _ United States of America Plaintiff - Appellee v. Arinthius Johnson Defendant - Appellant _ Appeal from United States District Court for the Eastern District of Missouri - St. Louis _ Submitted: September 23, 2019 Filed: October 11, 2019 [Unpublished] _ Before KELLY, MELLOY, and STRAS, Circuit Judges. _ PER CURIAM. Arinthius Johnson received a below-Guidelines-range, 96-month prison sentence after pleading guilty to possessing
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                 United States Court of Appeals
                              For the Eighth Circuit
                           ___________________________

                                No. 18-3279
                        ___________________________

                            United States of America

                                      Plaintiff - Appellee

                                         v.

                                Arinthius Johnson

                                    Defendant - Appellant
                                  ____________

                    Appeal from United States District Court
                  for the Eastern District of Missouri - St. Louis
                                  ____________

                         Submitted: September 23, 2019
                            Filed: October 11, 2019
                                [Unpublished]
                                ____________

Before KELLY, MELLOY, and STRAS, Circuit Judges.
                           ____________

PER CURIAM.

      Arinthius Johnson received a below-Guidelines-range, 96-month prison
sentence after pleading guilty to possessing a firearm as a felon. 18 U.S.C.
§§ 922(g)(1), 924(a)(2). On appeal, he argues that the district court 1 erroneously

      1
       The Honorable E. Richard Webber, United States District Judge for the
Eastern District of Missouri.
                                  -1-
counted his prior Missouri conviction of unlawful use of a weapon as a “crime of
violence,” which increased his base offense level under the Sentencing Guidelines.
See U.S.S.G. §§ 2K2.1(a)(2), 4B1.2(a); see also Mo. Rev. Stat. § 571.030.1(4). We
considered and rejected this argument in United States v. Hudson, 
851 F.3d 807
(8th
Cir. 2017). Accordingly, we affirm the judgment of the district court. See 8th Cir.
R. 47B.
                       ______________________________




                                       -2-

Source:  CourtListener

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