DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
191176P.pdf 05/01/2020 United States v. Demetrick Roberts
U.S. Court of Appeals Case No: 19-1176
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges]
Criminal case - Sentencing. The district court did not err in applying a
four-level increase under Guidelines Sec. 2K2.1(b)(6)(B) for possession of
a firearm in connection with another felony offense - see U.S. v. Walker,
771 F.3d 449 (8th Cir. 2014); the district court did err, however, in
applying a two-level increase under Guidelines Sec. 3B1.4 for using a
minor to commit the offense as the evidence did not establish that the
defendant acted affirmatively to involve the minor in the crime; engaging
in an arm's length transaction in which defendant traded marijuana and
cash to the minor for the firearm was not sufficient to show defendant
used the minor to commit the offense of unlawful possession of a firearm
by a felon; remanded for resentencing.