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United States v. Dwayne

United States Court of Appeals, Eighth Circuit

June 23, 2017

United States of America Plaintiff- Appellee
v.
Melvano Dwayne Moore Defendant-Appellant

          Submitted: March 6, 2017

         Appeal from United States District Court for the Southern District of Iowa - Des Moines

          Before WOLLMAN, MELLOY, and SHEPHERD, Circuit Judges.

          MELLOY, Circuit Judge.

         Melvano Moore pled guilty to making a false statement during the purchase of a firearm, in violation of 18 U.S.C. § 924(a)(1)(A). At sentencing, Moore argued he was entitled to a sentence reduction under United States Sentencing Guidelines § 2K2.1(b)(2) because he possessed the firearms solely for sporting use. The district court[1] concluded that Moore was not entitled to a sentence reduction and sentenced Moore to twelve months and one day of imprisonment. The district court also imposed a special condition of release requiring Moore attend a treatment program for anger control/domestic violence based on a ten-year old conviction for terroristic threats. Moore appeals his sentence and the special condition. We affirm.

         I.

         On September 22, 2013, Moore executed a Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives Form 4473 to purchase a firearm. On the form, Moore represented that he was not an unlawful user of a controlled substance.

         On May 27, 2015, law enforcement officers executed a search warrant at Moore's residence. During the search, officers recovered four handguns, a rifle, and evidence of marijuana use. Moore later admitted that he was a marijuana user both at the time of the search and when he filled out Form 4473.

         Moore was charged with making a false statement during the purchase of a firearm, in violation of 18 U.S.C. § 924(a)(1)(A), and being an unlawful user of a controlled substance in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(3) and 924(a)(2). Pursuant to a plea agreement, Moore pled guilty to the false statement charge, and the government agreed to dismiss the unlawful-user count at sentencing.

         The presentence investigation report (PSR) calculated Moore's guideline range at 12-18 months' imprisonment, based on an offense level of 13 and a criminal history category of I. Moore objected to the PSR's guideline range, arguing it should be reduced to 0-6 months because he possessed the firearms for sporting purposes, pursuant to U.S.S.G. § 2K2.1(b)(2). Moore also objected to the PSR's recommended special condition of supervised release requiring Moore's participation in a treatment program for anger control/domestic violence. The district court overruled both objections and sentenced Moore to 12 months and one day of imprisonment and 24 months' supervised release, with the recommended special condition.

         II.

         On appeal, Moore challenges the denial of a sentence reduction pursuant to U.S.S.G. § 2K2.1(b)(2), and the special condition of supervised release.

         A.

         We review the application of the sentencing guidelines de novo and the underlying factual findings for clear error. United States v. Walker, 688 F.3d 416, 420 (8th Cir. 2012). Under U.S.S.G. ยง 2K2.1(b)(2), a defendant's base offense level is reduced to level six if the defendant "possessed all ammunition and firearms solely for lawful sporting purposes or collection, and did not unlawfully discharge or otherwise unlawfully use such firearms or ammunition." The burden is on the defendant to prove ...


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