United States v. Abelee Brunson, 915 F.2d 392 (8th Cir. 1990). · Go Syfert
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United States v. Abelee Brunson, 915 F.2d 392 (8th Cir. 1990). Cases Citing This Book View Copy Cite
6 citation events across 3 distinct courts.
Strongest positive: United States v. Zachary S. Fredette and Gordon M. Ritchie (ca2, 1994-02-02)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Zachary S. Fredette and Gordon M. Ritchie
2d Cir. · 1994 · confidence medium
United States v. Raynor, 939 F.2d 191, 195-97 (4th Cir.1991) (burglary of unoccupied house); United States v. Brunson, 915 F.2d 392, 393 (8th Cir.1990) (per curiam) (burglary of unoccupied dwellings), cert. denied, 498 U.S. 1106 , 111 S.Ct. 1011 , 112 L.Ed.2d 1093 (1991). “[F]or purposes of determining career offender status under the Guidelines, there is no such thing as a ... non-violent burglary of a dwelling.” Telesco, 962 F.2d at 166 .
discussed Cited as authority (rule) United States v. Thedell Doss, Jr., Also Known as Abdullah Mukallaf, Also Known as Abdul
8th Cir. · 1993 · confidence medium
See U.S.S.G. § 4B1.2(1)(ii) (burglary of a dwelling is a crime of violence within the meaning of § 4B1.1); United States v. Brunson, 915 F.2d 392, 393 (8th Cir. 1990) (per curiam) (same), cert. denied, 111 S. Ct. 1011 (1991); United States v. Nimrod, 940 F.2d 1186, 1188-89 (8th Cir. 1991) (under Missouri law, second-degree burglary is a crime of violence), cert. denied, 112 S. Ct. 986 (1992).
cited Cited as authority (rule) United States v. Jeffery Graham
8th Cir. · 1992 · confidence medium
United States v. Brunson, 915 F.2d 392, 393 (8th Cir.1990) (per curiam), ce rt. denied, — U.S. —, 111 S.Ct. 1011 , 112 L.Ed.2d 1093 (1991).
discussed Cited as authority (rule) United States v. Lawrence A. Saffeels
8th Cir. · 1992 · confidence medium
“A sentencing court must determine the particular sentence to be imposed with reference to the guidelines and commentary that are in effect at the time of sentencing.” United States v. Brunson, 915 F.2d 392, 393 (8th Cir.1990), cert. denied, — U.S. —, 111 S.Ct. 1011 , 112 L.Ed.2d 1093 (1991); see 18 U.S.C. § 3553 (a)(4) (1988).
discussed Cited as authority (rule) United States v. Darrin Dean Johnston
8th Cir. · 1992 · confidence medium
See United States v. Swanger, 919 F.2d 94, 95 (8th Cir.1990); United States v. Brunson, 915 F.2d 392, 393 (1990), cert. denied, -U.S. -, 111 S.Ct. 1011 , 112 L.Ed.2d 1093 (1991). 3 .Similarly foreclosed is Johnston’s claim that the District Court erred in denying his motion to appoint an expert witness on the weight-ratio issue.
discussed Cited as authority (rule) United States v. Amos Salmon, No. 90-3355, Raymond E. Washington, No. 90-3363, Richard Fitzpatrick, No. 90-3366, John Surratt, No. 90-3438
3rd Cir. · 1991 · confidence medium
See United States v. John, 936 F.2d 764 , 768 n. 3 (3d Cir.1991); United States v. Brunson, 915 F.2d 392, 393 (8th Cir.1990) (per curiam), cert. denied, — U.S. -, 111 S.Ct. 1011 , 112 L.Ed.2d 1093 (1991).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Abelee BRUNSON, Appellant
89-1848WM.
Court of Appeals for the Eighth Circuit.
Oct 1, 1990.
915 F.2d 392
1990 U.S. App. LEXIS 17279
1990 WL 141080
Robert H. Gardner, Kansas City, Mo., for appellant., J. Daniel Stewart, Kansas City, Mo., for appellee.
Arnold, Fagg, Beam.
Cited by 6 opinions  |  Published
PER CURIAM.

Abelee Brunson appeals from his sentence of 262 months for armed robbery in violation of 18 U.S.C. § 2113(a), (d) (1988). Brunson was found to be a career offender under the sentencing guidelines. See U.S. S.G. § 4B1.1 (1988) (person with two felony convictions of “crime of violence” is career offender). The district court accordingly increased Brunson’s offense level to thirty-four and his criminal history category to VI, yielding a guidelines range of 262 to 327 months.

On appeal, Brunson contends two Missouri convictions for second-degree burglary should not have been used to find he was a career offender. Brunson argues the burglaries were not crimes of violence because he entered the dwellings when no one was present.

A sentencing court must determine the particular sentence to be imposed with reference to the guidelines and commentary that are in effect at the time of sentencing. 18 U.S.C. § 3553(a)(4), (5) (1988); see also United States v. Manuel, 912 F.2d 204, 207 (8th Cir.1990). When Brunson was sentenced, U.S.S.G. § 4B1.2(1) stated “[t]he term ‘crime of violence’ as used in this provision is defined under 18 U.S.C. § 16.” Commentary to U.S.S.G. § 4B1.2 noted 18 U.S.C. § 16 defined a crime of violence as any felony “that by its nature involves a substantial risk that physical force against the person or property of another may be used in committing the offense.” The commentary concluded the definition of crime of violence included burglary of a dwelling. The Sentencing Commission clarified and strengthened its conclusion after Brunson was sentenced by amending the guidelines to specify that burglary of a dwelling is a crime of violence. See U.S.S.G. § 4B1.2(l)(ii) (1989).

We must conclude Brunson’s convictions were for crimes of violence. United States v. Smith, 909 F.2d 1164, 1168 (8th Cir.1990). The circuit courts that have considered this issue agree that burglary of a dwelling is a crime of violence within the meaning of U.S.S.G. § 4B1.1. See, e.g., United States v. Brunson, 907 F.2d 117, 120-21 (10th Cir.1990); United States v. Cruz, 882 F.2d 922, 923 (5th Cir.1989); United States v. Davis, 881 F.2d 973, 975-76 (11th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 735, 107 L.Ed.2d 753 (1990); United States v. Pinto, 875 F.2d 143, 143-44 (7th Cir.1989). Thus, the district court correctly applied the guidelines in finding Brunson was a career offender.

We decline at this time to consider Brun-son’s ineffective assistance of counsel claim, see United States v. Gallegos-Torres, 841 F.2d 240, 242-43 (8th Cir.1988) (ineffective assistance claim generally not appropriate for consideration on direct appeal), and deny Brunson’s motion to file a supplemental brief.

Brunson's sentence is affirmed.