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U.S. v. OETKEN

No. 00-2929.

241 F.3d 1057 (2001)

UNITED STATES of America, Appellant, v. Ryan Dale OETKEN, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2001.

Attorney(s) appearing for the Case

Clifford R. Cronk, III, Alan R. Ostergren, U.S. Atty's Office, Rock Island, IL, for Appellant.

Ryan Dale Oetken, Anamosa, pro se.

Jeffrey A. Neary, Federal Public Defender's Office, Sioux City, IA, for Appellee.

Before BEAM and MORRIS SHEPPARD ARNOLD, Circuit Judges, and ALSOP, District Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Ryan Dale Oetken was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The government maintained at sentencing that Mr. Oetken's base offense level should have been increased from 14, see U.S.S.G. § 2K2.1(a)(6)(A), to 20, see § 2K2.1(a)(4)(A), to reflect a burglary conviction that he received after he had committed the instant offense. The sentencing guidelines...

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