United States v. Ronald Jennings, Jr., (8th Cir. 2001)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 00-3349
United States of America, Appellee, v. Ronald Lee Jennings, Jr., Appellant.
Submitted: March 27, 2001
Filed: April 3, 2001
Before RICHARD S. ARNOLD, FAGG, and BOWMAN, Circuit Judges.
PER CURIAM.
Ronald Lee Jennings, Jr. pleaded guilty to theft of firearms from a licensed dealer in violation of 18 U.S.C. § 924(m). In computing Jennings's criminal history category under U.S.S.G. § 4A1.1, the district court counted two earlier burglaries, one of a commercial building and one of a residence, as two earlier crimes of violence. Jennings received a 110-month sentence.
On appeal, Jennings contends burglary of a commercial building is not a crime of violence under § 4A1.1. Jennings acknowledges we held to the contrary in United
States v. Hascall, 76 F.3d 902 (8th Cir. 1996), but argues our decision in Hascall is wrong. One panel of this court may not overrule an earlier panel's decision, however. See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir. 1997). Indeed, we have continued to follow our decision in Hascall. See United States v. Stevens, 149 F.3d 747, 749 (8th Cir. 1998); Reynolds, 116 F.3d at 329-30.
Jennings also contends the district court burglary convictions as one crime of violence because the burglaries, which were committed during a two-day drinking binge in the same state, related to a common scheme or plan. See U.S.S.G. § 4A1.2(a)(2) & n.3. The evidence amply supports the district court's finding that the burglaries were not related. They were committed on different dates in different counties, prosecuted in different jurisdictions, and resulted in different sentences.
We thus affirm Jennings's sentence.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Western District of Missouri.
Appeal from the United States
District Court for the Western
District of Missouri.
[UNPUBLISHED]
should have counted his two earlier
The Honorable Dean Whipple, Chief Judge, United States District Court for the
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This document cites
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Appellee, v. Anton Fabian Stevens, Also Known as Tony Stevens, Also Known as Tommy Stevens, Appellant., 149 F.3d 747 (8th Cir. 1998)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Plaintiff-Appellee, v. Ricky Lee Hascall, Defendant-Appellant., 76 F.3d 902 (8th Cir. 1996)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Appellee, v. Glenn G. Reynolds, Appellant., 116 F.3d 328 (8th Cir. 1997)
- U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 924 - Sec. 924. Penalties
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