February 10, 2016.
from United States District Court for the Northern District
of Iowa - Cedar Rapids.
United States of America, Plaintiff - Appellee: Martin Joseph
McLaughlin, Assistant U.S. Attorney, Ravi T. Narayan,
Assistant U.S. Attorney, Mark Tremmel, Assistant U.S.
Attorney, U.S. Attorney's Office, Northern District of
Iowa, Cedar Rapids, IA.
David Jefferson, Defendant - Appellant, Pro se, Manchester,
Kenneth David Jefferson, Defendant - Appellant: Heather
Quick, Assistant Federal Public Defender, Federal Public
Defender's Office, Northern District of Iowa, Cedar
Rapids, IA; James F. Whalen, Federal Public Defender, Federal
Public Defender's Office, Southern District of Iowa, Des
SMITH and COLLOTON, Circuit Judges, and
ERICKSON, District Judge.
David Jefferson appeals his 188-month sentence, arguing that
the district court plainly erred in classifying him as an
armed career criminal. We affirm.
pleaded guilty to one count of being a felon in possession of
a firearm, in violation of 18 U.S.C. § § 922(g)(1)
and 924(a)(2). Prior to sentencing, the presentence
investigation report (PSR) revealed that Jefferson " has
at least three prior convictions for a violent felony or
serious drug offense, or both," including felony
drug-trafficking convictions in 2001, 2004, and 2008 from
Illinois. Based on these convictions, the probation office
recommended that Jefferson be classified as an armed career
criminal and subjected to an enhanced sentence under the
Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e).
Applying U.S.S.G. § 4B1.4(b)(3)(A), the PSR calculated
an offense level of 34 because Jefferson " possessed the
firearm in connection with Possession of Cocaine With Intent
to Distribute in violation of Iowa Code §
124.401(1)(c)(2)(b)." The PSR ultimately calculated a
total offense level of 31. Because the probation office
identified Jefferson as an armed career criminal, it assigned
him a criminal history category of VI. This resulted in a
Guidelines range of 188 to 235 months' imprisonment.
challenged his alleged 2001 and 2004 convictions. Jefferson
argued that the government produced insufficient proof that
he had sustained these convictions. Jefferson, however, never
argued that the 2001 Illinois drug-trafficking conviction
would not constitute a " serious drug offense"
under the ACCA, if proven to exist. At sentencing, the
government offered seven exhibits as evidence of
Jefferson's convictions. Crediting these documents, the
district court determined that Jefferson was an armed career
criminal based on the 2001, 2004, and 2008 convictions.
Consistent with the PSR, the district court calculated a
Guidelines range of 188 to 235 months' imprisonment. It
then sentenced Jefferson to 188 months' imprisonment.
argues for the first time on appeal that his 2001 Illinois
drug-trafficking conviction does not constitute a "
serious drug offense" under the ACCA. Specifically, he
asserts that because he received a " sentence" of
" boot camp"  for that conviction, he was not
convicted of an offense " for which a maximum term of
imprisonment of ten years or more is prescribed by law."
18 U.S.C. § 924(e)(2)(A)(ii).
concedes that our review of his claim is for plain error. For
Jefferson to obtain relief under this standard, he "
must show that there was an error, the error is clear or
obvious under current law, the error affected the [his]
substantial rights, and the error seriously affects the
fairness, integrity, or public reputation of judicial
proceedings." Unite ...