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.
222844P.pdf 11/01/2023 United States v. Taleb Jawher
U.S. Court of Appeals Case No: 22-2844
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Melloy, Author, with Smith, Chief Judge, and Erickson,
Circuit Judge]
Criminal case - Criminal law and Sentencing. For the court's prior opinion
remanding defendant's case for further proceedings pursuant to Rehaif v.
United States, 139 U.S. 2191 (2019), see United States v. Jawher, 950 F.3d
576 (8th Cir. 2020). On remand, defendant was convicted of possessing a
firearm while being unlawfully present in the U.S. The evidence was
sufficient to support the district court's guilty finding and the court's
guilt pronouncement satisfied the requirements of Fed. R. Crim. P. 23(c);
the district court did not err in applying a cross-reference to the
homicide guideline where defendant's illegal possession of the firearm led
to death, as the most analogous guideline was second-degree murder and not
manslaughter; the sentence was not substantively unreasonable.