United States v. Will H. Hawkins
Opinion
Will H. Hawkins appeals from the final judgment entered in the District Court 1 for the Western District of Missouri following his guilty plea to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g) and 924(a)(2). The district court sentenced appellant to 30 months imprisonment and 3 years supervised release. For reversal appellant argues the district court erred in calculating *578 his base offense level under U.S.S.G. § 2K2.1(a)(4)(A) (applicable to, inter alia, a defendant with a prior felony conviction for “a crime of violence”), because his undisputed prior conviction for second-degree burglary of a commercial building, i.e., a gun store, did not constitute “a crime of violence” as contemplated by the Guidelines.
As appellant concedes, in United States v. Hascall, 76 F.3d 902, 906 (8th Cir.), cert. denied, 519 U.S. 948, 117 S.Ct. 358, 136 L.Ed.2d 250 (1996), a panel of this court determined that second-degree burglaries of commercial buildings are indeed crimes of violence. We are not at liberty to overrule another panel’s decision. See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir. 1997) (refusing to consider argument that Hascall was wrongly decided).
Accordingly, we affirm.
. The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Will H. HAWKINS, Appellant
- Status
- Unpublished