United States v. Glenn Harlow , 333 F. App'x 152 ( 2009 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 07-2408
    ___________
    United States of America,             *
    *
    Plaintiff - Appellee,      *
    * Appeal from the United States
    v.                              * District Court for the Western
    * District of Missouri.
    Glenn H. Harlow,                      *
    * [UNPUBLISHED]
    Defendant - Appellant.     *
    ___________
    Submitted: September 22, 2009
    Filed: September 25, 2009
    ___________
    Before BYE, COLLOTON, and GRUENDER, Circuit Judges.
    ___________
    PER CURIAM.
    Glenn H. Harlow pleaded guilty to possessing a semi-automatic handgun and
    ammunition, having previously been convicted of three violent felonies, in violation
    of 
    18 U.S.C. §§ 922
    (g)(1) and 924(e)(1), (e)(2)(B). Additionally, Harlow pleaded
    guilty to failing to appear at a March 13, 2006 sentencing hearing, in violation of 
    18 U.S.C. § 3146
    . At sentencing, Harlow admitted one of his predicate felonies under
    the Armed Career Criminal Act (ACCA) 
    18 U.S.C. § 924
    (e), was possession of a
    short-barreled rifle in violation of 
    Mo. Rev. Stat. § 571.020.1
    (5). The district court1
    1
    The Honorable Dean Whipple, United States District Judge for the Western
    District of Missouri.
    applied ACCA and imposed a 188-month sentence. On appeal, Harlow argues the
    district court erred in concluding his conviction for possession of a short-barreled rifle
    was a violent felony. We affirm.
    As a preliminary matter, Harlow's objection at sentencing to the application of
    ACCA was based on an amendment to Application Note 3 of U.S. Sentencing
    Guidelines § 4B1.1, and not the district court's conclusion his conviction for
    possession of a short-barreled rifle was a violent felony. Accordingly, we review
    Harlow's arguments on appeal for plain error. See United States v. Pirani, 
    406 F.3d 543
    , 549 (8th Cir. 2005) (en banc).
    Our court recently held possession of a sawed-off shotgun qualifies as a violent
    felony under ACCA. United States v. Vincent, No. 07-1397, 
    2009 WL 2476670
    , at
    *6 (8th. Cir. Aug. 14, 2009). Accordingly, the district court did not err in concluding
    possession of a short-barreled rifle is an ACCA-qualifying felony. The judgment of
    the district court is affirmed.
    ______________________________
    -2-
    

Document Info

Docket Number: 07-2408

Citation Numbers: 333 F. App'x 152

Filed Date: 9/25/2009

Precedential Status: Non-Precedential

Modified Date: 1/12/2023