United States v. Timothy Ossana , 607 F. App'x 599 ( 2015 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 14-3122
    ___________________________
    United States of America
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    Timothy G. Ossana
    lllllllllllllllllllll Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Eastern District of Missouri - Cape Girardeau
    ____________
    Submitted: June 8, 2015
    Filed: June 11, 2015
    [Unpublished]
    ____________
    Before GRUENDER, MELLOY, and BENTON, Circuit Judges.
    ____________
    PER CURIAM.
    Following a prior felon-in-possession conviction under 
    18 U.S.C. § 922
    (g)(1),
    Timothy G. Ossana twice appealed a crime-of-violence determination under U.S.
    Sentencing Guidelines Manual § 2K2.1(a)(4)(A). In United States v. Ossana
    (Ossana I), 
    638 F.3d 895
     (8th Cir. 2011), we held the initial federal sentencing record
    insufficient to determine whether a prior Arizona aggravated assault conviction
    qualified as a crime of violence. The underlying Arizona statute was overinclusive
    and the record did not establish which subpart of the statute supported Ossana's
    conviction. On remand, the district court expanded the record, applied the modified
    categorical approach, and found the Arizona conviction qualified as a crime of
    violence. We affirmed. See United States v. Ossana (Ossana II), 
    679 F.3d 733
     (8th
    Cir. 2012).
    After Ossana served his term of incarceration for that initial 
    18 U.S.C. § 922
    (g)(1) conviction, authorities again discovered him in possession of a firearm.
    He pleaded guilty in the present case to another § 922(g)(1) violation and, again,
    argued that the same underlying Arizona conviction did not qualify as a crime of
    violence. The district court1 rejected the argument and sentenced him pursuant to
    U.S.S.G. § 2K2.1(a)(4)(A). Ossana appeals.
    Ossana does not rely upon newly developed law nor does he point to a state-
    court record different from that presented in Ossana II.2 We addressed the
    classification of the same Arizona conviction in depth in Ossana II, and Ossana raises
    no new evidence nor arguments to cast doubt upon our prior holding or require a
    different result. The district court in the present case properly determined that the
    Arizona conviction qualifies as a crime of violence.
    We affirm the judgment of the district court.
    ______________________________
    1
    The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the
    Eastern District of Missouri.
    2
    Ossana cites Descamps v. United States, 
    133 S. Ct. 2276
     (2013), but does not
    explain how it changes the analysis from that employed in Ossana II. Having
    reviewed Descamps, we do not find that it requires a different result in this appeal.
    -2-
    

Document Info

Docket Number: 14-3122

Citation Numbers: 607 F. App'x 599

Judges: Gruender, Melloy, Benton

Filed Date: 6/11/2015

Precedential Status: Non-Precedential

Modified Date: 10/19/2024