United States v. Robert Mahan, Jr. ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 22-3311
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United States of America
Plaintiff - Appellee
v.
Robert Fount Mahan, Jr.
Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Jefferson City
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Submitted: April 11, 2023
Filed: May 9, 2023
[Unpublished]
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Before GRUENDER, WOLLMAN, and ARNOLD, Circuit Judges.
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PER CURIAM.
Robert Mahan pleaded guilty to possession of a firearm by a felon and was
sentenced to the statutory maximum of 10 years’ imprisonment, followed by 3 years
of supervised release. While on supervised release, Mahan harassed and threatened
to kill his girlfriend. The Government petitioned for revocation, and the district
court1 found by a preponderance of the evidence that Mahan’s harassment
constituted a crime under Missouri law. The court then sentenced Mahan to 21
months’ imprisonment—within the advisory sentencing guidelines range.
Mahan makes two arguments on appeal. First, he argues that the additional
prison time is unlawful because his total prison sentence now exceeds the 10-year
statutory maximum for his underlying offense. See 18 U.S.C. § 924(a)(2). Second,
Mahan argues that his Fifth and Sixth Amendment rights were violated because the
district court, rather than a jury, made factual findings at his revocation hearing.
Reviewing de novo, we conclude that both challenges are squarely foreclosed by
precedent. See United States v. Childs, 17 F.4th 790, 791-92 (8th Cir. 2021); United
States v. Eagle Chasing, 965 F.3d 647, 650-51 (8th Cir. 2020). We affirm.
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1
The Honorable Beth Phillips, Chief Judge, United States District Court for
the Western District of Missouri.
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