United States v. Glinn

The Eighth Circuit affirmed defendant's conviction and 78 month sentence for theft of a firearm from a federally licensed firearms dealer. This circuit has held that proof of the act of stealing does not require proof of a defendant's specific intent to permanently deprive, and thus defendant's proposed additional jury instruction was unnecessary. The court held that the district court correctly concluded that defendant's base offense level was fourteen because he was a prohibited person, a drug user, at the time of the offense under USSG 2K2.1(a)(6)(A). Furthermore, the district court correctly increased that base offense level by two under USSG 2K2.1(b)(4)(A) because the firearm was stolen. Finally, the court held that the special condition prohibiting the use of alcohol and prohibiting defendant from entering bars or taverns was reasonably related to the 18 U.S.C. 3553(a) factors. View "United States v. Glinn" on Justia Law