Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted: November 20, 2009

Before MELLOY, BEAM, and GRUENDER, Circuit Judges.

Appellant Tommie Whetzell pleaded guilty to possession of a firearm by a convicted felon, 18 U.S.C. § 922(g)(1), and to making a false statement to acquire a firearm, 18 U.S.C. § 922(a)(6). At sentencing, the district court*fn1 calculated Appellant’s base offense level to be twenty, finding that he had previously been convicted of housebreaking in a military court martial proceeding, and that such a crime qualifies as a “crime of violence” under U.S. Sentencing Guidelines Manual § 2K2.1(a)(4)(A) (2007). After taking into account a three-level reduction for acceptance of responsibility, U.S.S.G. § 3E1.1(a) and (b), and a four-level enhancement based on the number of firearms involved, U.S.S.G. § 2K2.1(b)(1)(B), the district court sentenced Appellant to forty-one months’ imprisonment on each count, to be served concurrently. Appellant argues that the district court erred in applying § 2K2.1(a)(4)(A) because the court improperly referenced the underlying facts in Appellant’s conviction, as stated by the military appellate court, in violation of the objective, categorical approach that the Supreme Court set out in Taylor v. United States, 495 U.S. 575, 602 (1990). Upon de novo review, United States v. LeGrand, 468 F.3d 1077, 1081 (8th Cir. 2006), we affirm the district court.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

General Counsel Conference East 2021

September 22, 2021 - September 23, 2021
New York, NY

GCC East addresses General Counsel trends in regulatory, data protection, tech management, legal operations, and leadership.


New Jersey Legal Awards 2021

September 23, 2021
Virtual, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Women Influence & Power in Law Awards 2021

October 07, 2021
Washington, DC

Women Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Director Sr. Legal Counsel: Transactions – Mergers & Acquisitions

Fort Worth, Texas, United States

Director Sr. Legal Counsel: Transactions – Mergers & Acquisitions Alcon is the global leader in eye care. With a legacy of indust...

Apply Now ›


Miami, Florida, United States

Our client, a globally traded public company focused on the investment and monetization of products in the bio-pharmaceutical industry is se...

Apply Now ›

Associate Attorney

Blue Bell, Pennsylvania, United States

Blue Bell-based property-subrogation firm, de Luca Levine LLC, seeks a PA-barred attorney with litigation experience either as a lawyer or a...

Apply Now ›



Barton Gilman Expands Into Connecticut

View Announcement ›



Barton Gilman LLP is excited to announce that its expansion into Philadelphia

View Announcement ›



STARR, GERN, DAVISON & RUBIN would like to congratulate Ira M. Starr as Partner and Ana Rita Ferreira as an Associate

View Announcement ›