DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
153991P.pdf 04/14/2017 United States v. Lewis Pate
U.S. Court of Appeals Case No: 15-3991
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Riley, Author, and Wollman and Benton, Circuit Judges]
Criminal case - Sentencing. For the court's earlier opinion in the matter,
see U.S. v. Pate, 754 F.3d 553 (8th Cir. 2014). After the Supreme Court
issued its opinion in Johnson, the district court vacated Pate's 200-month
sentence and sentenced him to 120 months. The district court did not err
in imposing a four-level enhancement under Guidelines Sec.
2K2.1(b)(6)(B)for possession of the firearm in connection with another
felony; any error in the classification of defendant's prior conviction
for third-degree burglary was harmless in light of the district court's
statements that it would impose the same sentence if the offense was later
determined not to be a crime of violence.