United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 01-2215 ___________ United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Robert E. Downs, * Eastern District of Missouri. * Appellant. * [UNPUBLISHED] ___________ Submitted: November 7, 2001 Filed: November 15, 2001 ___________ Before HANSEN, FAGG, and BEAM, Circuit Judges. ___________ PER CURIAM.

Robert E. Downs pleaded guilty to making a false statement when purchasing a firearm, in violation of 18 U.S.C. § 922(a)(6), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The district court1 sentenced him to months imprisonment and 2 years supervised release. Downs argues on appeal, renewing the objection he presented below, that the court erroneously set his base offense level by characterizing as a crime of violence his prior Missouri conviction for statutory rape.

The Honorable Rodney W. Sippel, United States District Judge for the Eastern District of Missouri.

We reject this argument as foreclosed by United States v. Bauer, 990 F.2d 373, 374-75 (8th Cir. 1993) (per curiam), and United States v. Rodriguez, 979 F.2d 138, 140-41 (8th Cir. 1992).

Accordingly, we affirm the judgment of the district court.

A true copy.

Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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