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.
162482P.pdf 02/15/2017 United States v. Antonio Thigpen
U.S. Court of Appeals Case No: 16-2482
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Benton, Author, with Loken and Beam, Circuit Judges]
Criminal Case - sentencing. Claim that Iowa third-degree burglary is not a
crime of violence for enhancement under Guidelines sec. 2K2.1(a)(2),
conceded by the government, is nonetheless harmless error, as the district
court stated it would impose the same sentence regardless of the
guidelines calculation. Challenge to 4-level increase under Guidelines
sec. 2K2.1(b)(4)(B) for altered or obliterated serial number, when only
one of three serial numbers was altered, is a matter of first impression.
Based on the plain language of the guidelines and in accord with the First
and Eleventh Circuits, the district court did not err in applying the
enhancement when the serial number on the frame was obliterated. Claim of
error in imposing 4-level enhancement under section 2K2.1(b)(6)(B) for
possessing a firearm in connection with a felony offense is foreclosed by
this court's decision in United States v. Walker. District court did not
plainly err in stating it was imposing a non-guidelines sentence, as it
engaged in a thorough analysis of the section 3553(a) factors.