United States v. James Keever

U.S. Court of Appeals for the Eighth Circuit
United States v. James Keever, 57 F. App'x 719 (8th Cir. 2003)

United States v. James Keever

Opinion

PER CURIAM.

After James Keever sold a gun to a pawn shop on behalf of the gun’s owner, Keever was arrested for being a felon in possession of a firearm. 18 U.S.C. § 922(g)(1) (2000). Keever pleaded guilty. The district court * denied Keever’s motion for a reduction in the offense level under U.S. Sentencing Guidelines Manual § 2K2.1(b)(2) (2002) and sentenced him to 30 months in prison. Keever appeals his sentence. We review the district court’s findings of fact for clear error and its application of the guidelines to the facts de novo, bearing in mind that it was Keever’s burden to prove a reduction in the offense level should apply. United States v. Ramirez-Rios, 270 F.3d 1185, 1187 (8th Cir. 2001).

*720 U.S.S.G. § 2K2.1(b)(2) provides for an eight level reduction in Keever’s offense level if he “possessed all ammunition and firearms solely for lawful sporting purposes or collection.” Keever contends he qualifies for this reduction because the gun’s owner told Keever his uncle had used the gun for hunting. We agree with the district court that the surrounding circumstances indicate Keever possessed the gun for the sole purpose of selling it to a pawn shop, and pawning a weapon does not qualify as a sporting purpose or as collection. See United States v. Mendoza-Alvarez, 79 F.3d 96, 98 (8th Cir. 1996) (defining sporting purposes); United States v. Moit, 100 F.3d 605, 606-07 (8th Cir. 1996) (per curiam) (discussing collection). We thus affirm Keever’s sentence.

A true copy.

*

The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. James KEEVER, Appellant
Cited By
2 cases
Status
Unpublished