United States v. Robert E. Downs

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-2215
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United States of America, *
*
Appellee, *
*
v. * Appeal from the United States
* District Court for the
Robert E. Downs, * Eastern District of Missouri.
*
Appellant. * [UNPUBLISHED]
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Submitted: November 7, 2001
Filed: November 15, 2001
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Before HANSEN, FAGG, and BEAM, Circuit Judges.
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PER CURIAM.
Robert E. Downs pleaded guilty to making a false statement when purchasing
a firearm, in violation of 18 U.S.C. § 922(a)(6), and being a felon in possession of a
firearm, in violation of 18 U.S.C. § 922(g)(1). The district court1 sentenced him to
33 months imprisonment and 2 years supervised release. Downs argues on appeal,
renewing the objection he presented below, that the court erroneously set his base
offense level by characterizing as a crime of violence his prior Missouri conviction
for statutory rape.
1
The Honorable Rodney W. Sippel, United States District Judge for the Eastern
District of Missouri.
We reject this argument as foreclosed by United States v. Bauer, 990 F.2d 373,
374-75 (8th Cir. 1993) (per curiam), and United States v. Rodriguez, 979 F.2d 138,
140-41 (8th Cir. 1992).
Accordingly, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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