Eighth Circuit - Firearms

United States v. Caudle, 968 F.3d 916 (8th Cir. 2020). The court did not clearly err in applying §2K2.1(b)(1)(A)’s 2-level increase for multiple firearms when the challenged firearm was found in the defendant’s wife’s car, which was the only car possessed by the couple. The defendant had used his wife’s car; the challenged firearm was kept (on other occasions) in the couple’s home, to which the defendant had unrestricted access; and magazines and spent casings matching the challenged firearm were found in the home.

United States v. Nelson, 982 F.3d 1141 (8th Cir. 2020). USSG §5G1.3(d) applies to a defendant subject to an undischarged term of imprisonment for relevant and non-relevant conduct, and in such cases, a court may choose to run the sentence for the instant offense concurrently, partially concurrently, or consecutively to the undischarged term of imprisonment.

United States v. Sholley-Gonzalez, 996 F.3d 887 (8th Cir. 2021). The court plainly erred when it applied the wrong analysis to determine whether to apply the reduction to offense level 6 at §2K2.1(b)(2) for defendants who possess firearms or ammunition for lawful sporting purposes. The court could only consider firearms or ammunition in the defendant’s actual possession, not firearms or ammunition the defendant attempted to purchase.

United States v. Miller, --F.4th--, 2021 WL 4022666 (8th Cir. 2021). The higher base offense levels at §2K2.1 for offenses involving “a firearm described in 26 U.S.C. § 5845” do not require proof of a mental state.

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