Legal Opinion

United States v. Brian Barthman

Court of Appeals for the Eighth Circuit

Decided April 3, 2019No. 18-1279PublishedCited by 9 opinions

1Opinion of the Court

SHEPHERD, Circuit Judge.

Brian Barthman pled guilty to one count of possession of child pornography involving a prepubescent minor, in violation of 18 U.S.C. § 2252 (a)(4)(B), (b)(2). In the sentencing analysis, Barthman was assigned a total of six criminal-history points due to prior convictions in Minnesota state court for first- and second-degree criminal sexual conduct, which were treated as a single sentence for crimes of violence under United States Sentencing Commission, Guidelines Manual , § 4A1.1, comment. (n.5), and which yielded a criminal-history category of III. 1 Barthman was…

Also in this document: Concurring in the judgment.

2Cases cited16 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Johnson v. United StatesSupreme Court of the United States · 1997
  4. Puckett v. United StatesSupreme Court of the United States · 2009
  5. United States v. VonnSupreme Court of the United States · 2002

11 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. United States v. Donald Thomas PerrinCourt of Appeals for the Eighth Circuit · 2019
  2. United States v. Charles ChastainCourt of Appeals for the Eighth Circuit · 2020
  3. United States v. Brian BarthmanCourt of Appeals for the Eighth Circuit · 2020
  4. United States v. Jonathan WellsCourt of Appeals for the Eighth Circuit · 2023
  5. United States v. Marques SmithCourt of Appeals for the Eighth Circuit · 2021

4 more not listed; retrieve them via the Exa API.

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