United States v. Ryan Dale Oetken
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MORRIS SHEPPARD ARNOLD, Circuit Judge.
Ryan Dale Oetken was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The government maintained at sentencing that Mr. Oetken’s base offense level should have been increased from 14, see U.S.S.G. § 2K2.1(a)(6)(A), to 20, see § 2K2.1(a)(4)(A), to reflect a burglary conviction that he received after he had committed the instant offense. The sentencing guidelines establish a base offense level of 20 if the defendant “had one prior felony conviction ... [for] a crime of violence,” see § 2K2.1(a)(4)(A). Mr. Oetken…
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