United States v. Glenn G. Reynolds, 116 F.3d 328 (8th Cir. 1997). · Go Syfert
United States v. Glenn G. Reynolds, 116 F.3d 328 (8th Cir. 1997). Cases Citing This Book View Copy Cite
G Cite
cited 11× by 10 distinct cases, 2001–2021↑ Rising · …one panel may not overrule another. at p. 329
66 citation events (52 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Troy Davis (ca8, 2021-12-06)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Troy Davis
8th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
one panel may not overrule another.
discussed Cited as authority (verbatim quote) United States v. Antonio Thigpen
8th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
one panel may not overrule another.
discussed Cited as authority (verbatim quote) United States v. Tyrone Parrow
8th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence high
one panel may not overrule another.
examined Cited as authority (verbatim quote) United States v. William Gauld (2×)
8th Cir. · 2016 · quote attribution · 2 verbatim quotes · confidence high
one panel may not overrule another.
discussed Cited as authority (verbatim quote) United States v. Donquavious Davis
8th Cir. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
one panel may not overrule another.
discussed Cited as authority (verbatim quote) Dawn Lawrey v. Kearney Clinic, P.C. (2×) also: Cited "see"
8th Cir. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
one panel may not overrule another.
discussed Cited as authority (verbatim quote) Sheila Hamilton v. Standard Insurance Company
8th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
one panel may not overrule another.
discussed Cited as authority (verbatim quote) United States v. Donald M. Hutman
8th Cir. · 2003 · signal: see also · quote attribution · 1 verbatim quote · confidence high
one panel may not overrule another.
discussed Cited as authority (verbatim quote) United States v. James Borders
8th Cir. · 2001 · quote attribution · 1 verbatim quote · confidence high
one panel may not overrule another.
discussed Cited as authority (verbatim quote) Romain Dukes v. United States
8th Cir. · 2001 · quote attribution · 1 verbatim quote · confidence high
one panel may not overrule another.
discussed Cited as authority (verbatim quote) United States v. Charles Franklin
8th Cir. · 2001 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
one panel may not overrule another
cited Cited as authority (rule) Alexander Mansfield v. Eric H. Holder, Jr.
8th Cir. · 2015 · confidence medium
“One panel may not overrule another.” United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997).
cited Cited as authority (rule) Cyr v. United Parcel Service, Inc.
D. Mass. · 2011 · confidence medium
Enica v. Principi, 544 *116 F.3d 328, 339 (1st Cir.2008).
cited Cited as authority (rule) United States v. Ross
8th Cir. · 2010 · confidence medium
See United States v. Ellis, 564 F.3d 370 , 372 & n. 8 (5th Cir.), cert. denied, — U.S. -, 130 S.Ct. 371 , 175 L.Ed.2d 124 (2009); United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997).
discussed Cited as authority (rule) United States v. Christopher Warren
8th Cir. · 2004 · confidence medium
As this case does not involve § 924(e), we charitably interpret Warren's contention to be that if his conviction were for burglary of a ship, trailer, sleeping car, or airplane, then it would not be a "crime of violence" for purposes for the career-offender sentencing guideline. -2- We have held repeatedly that burglary of a commercial structure constitutes a "crime of violence" because it "involves conduct that presents a serious potential risk of physical injury to another." USSG § 4B1.2(a)(2); see United States v. Blahowski, 324 F.3d 592, 594-97 (8th Cir.), cert. denied, 124 S. Ct. 356 (2…
discussed Cited as authority (rule) United States v. Christopher Warren
8th Cir. · 2004 · confidence medium
We have held repeatedly that burglary of a commercial structure constitutes a “crime of violence” because it “involves conduct that presents a serious potential risk of physical injury to another.” USSG § 4B 1.2(a)(2); see United States v. Bla-howski, 324 F.3d 592, 594-97 (8th Cir.), cert. denied, — U.S. —, 124 S.Ct. 356 , 157 L.Ed.2d 243 (2003); United States v. Reynolds, 116 F.3d 328, 330 (8th Cir.1997); United States v. Hascall, 76 F.3d 902, 906 (8th Cir.1996).
cited Cited as authority (rule) United States v. Michael Speakman
8th Cir. · 2003 · confidence medium
United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997). 7 .
cited Cited as authority (rule) United States v. Michael D. Speakman
8th Cir. · 2003 · confidence medium
United States v. Reynolds, 116 F.3d 328, 329 (8th Cir. 1997). -4- This argument is without merit.
discussed Cited as authority (rule) United States v. Daniel Joseph Blahowski, United States of America v. Michael Allen Francisco, United States of America v. Ramon Emilio Rascon (2×)
8th Cir. · 2003 · confidence medium
However, in United States v. Reynolds, 116 F.3d 328, 330 (8th Cir.1997), we resolved any doubt as to whether Fountain was consistent with Hascall .
cited Cited as authority (rule) United States v. Daniel J. Blahowski
8th Cir. · 2003 · confidence medium
However, in United States v. Reynolds, 116 F.3d 328, 330 (8th Cir. 1997), we resolved any doubt as to whether Fountain was consistent with Hascall.
cited Cited as authority (rule) United States v. Jermaine L. Lathern
8th Cir. · 2003 · confidence medium
This we decline to do because “[o]ne panel may not overrule another.” United States v. Reynolds, 116 F.3d 328, 329 (8th Cir. 1997).
cited Cited as authority (rule) Larry Kerr v. United States
8th Cir. · 2002 · confidence medium
Jarrett v. United States, 266 F.3d 789, 791 (8th Cir.2001); United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997).
cited Cited as authority (rule) United States v. Stacy Lee Peltier
8th Cir. · 2002 · confidence medium
United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997).
cited Cited as authority (rule) United States v. James Borders
8th Cir. · 2001 · confidence medium
United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997) ("One panel may not overrule another.”).
discussed Cited as authority (rule) United States v. Bobby Dion Woods
8th Cir. · 2001 · confidence medium
Woods’ sentences do not transgress Apprendí, see Sheppard, 219 F.3d at 769 , and we decline his invitation to revisit Aguayo-Delgado, see United States v. Maynie, 257 F.3d 908, 918 (8th Cir.2001) (“We are obligated to follow what the Supreme Court has said, not guess what it might say in the future.”); United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997) (“One panel may not overrule another”).
cited Cited as authority (rule) Romaine Dukes v. United States
8th Cir. · 2001 · confidence medium
United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997) (“One panel may not overrule another.”).
cited Cited as authority (rule) United States v. Jeffrey Blackwell
8th Cir. · 1998 · confidence medium
See U.S. Sentencing Guidelines Manual § 4B1.1. (1997); United States v. Reynolds, 116 F.3d 328, 329-30 (8th Cir. 1997).
discussed Cited as authority (rule) United States v. Anton Fabian Stevens, Also Known as Tony Stevens, Also Known as Tommy Stevens
8th Cir. · 1998 · confidence medium
That means that “[i]t is the generic elements of burglary that matter— unlawful entry into a building to commit a crime — not the details of particular state statutes or the special circumstances of individual eases.” United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997).
discussed Cited as authority (rule) United States v. Anton Stevens
8th Cir. · 1998 · confidence medium
That means that "[i]t is the generic elements of burglary that matter—unlawful entry into a building to commit a crime—not the details of particular state statutes or the special circumstances of individual cases." United States v. Reynolds, 116 F.3d 328, 329 (8th Cir. 1997).
discussed Cited as authority (rule) United States v. Darren Terrel Davis
8th Cir. · 1998 · confidence medium
Sent. p. 11, 11. 2-4. 5 We also reject this argument for the reasons stated in United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997) (holding that second-degree burglary in violation of Missouri law qualifies defendant as career offender under Guidelines; adding that, even if no one was present within building when defendant committed crime, serious potential risk of physical injury to another was present and thus crime was violent).
discussed Cited as authority (rule) United States v. Darren Terrel Davis
8th Cir. · 1998 · confidence medium
We also reject this argument for the reasons stated in United States v. Reynolds, 116 F.3d 328, 329 (8th Cir. 1997) (holding that second-degree burglary in violation of Missouri law qualifies defendant as career offender under Guidelines; adding that, even if no one was present within building when defendant committed crime, serious potential risk of physical injury to another was present and thus crime was violent).
cited Cited "see" Hamilton v. Standard Insurance Company
8th Cir. · 2008 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997) (“One panel may not overrule another.”).
cited Cited "see" Sheila Hamilton v. Standard Insurance Company
8th Cir. · 2007 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997) (“One panel may not overrule another.”).
discussed Cited "see" United States v. Arend Mathijssen
8th Cir. · 2005 · signal: see · confidence high
See -5- United States v. Reynolds, 116 F.3d 328, 330 (8th Cir. 1997); see also United States v. Peltier, 276 F.3d 1003, 1006 (8th Cir. 2002) (stating that “burglary of a commercial building is a crime of violence within the meaning of § 4B1.2(a)”).
discussed Cited "see" United States v. Arend Mathijssen
8th Cir. · 2005 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 330 (8th Cir.1997); see also United States v. Peltier, 276 F.3d 1003, 1006 (8th Cir.2002) (stating that “burglary of a commercial building is a crime of violence within the meaning of § 4B1.2(a)”). *500 The California crime of carjacking also qualifies as a crime of violence, as defined in the sentencing guidelines, as a matter of law, based on its statutory elements.
cited Cited "see" United States v. Randy Lowell Hurd
8th Cir. · 2001 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997).
cited Cited "see" Deshaun Raffles Murphy v. United States of America, - Deshaun Raffles Murphy v. United States of America, - Cross-Appellee
8th Cir. · 2001 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997).
cited Cited "see" Deshaun Murphy v. United States
8th Cir. · 2001 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir. 1997).
discussed Cited "see" Gerald D. Jarrett v. United States
8th Cir. · 2001 · signal: see · confidence high
See Dukes v. United States, 255 F.3d 912, 914 (8th Cir. July 11, 2001) (“One panel may not overrule another.”) (quoting United States v. Reynolds, 116 F.3d 328, 329 (8th Cir. 1997)). 1 Interestingly, Justice O’Connor, joined by three other Justices in Apprendi, did speak of the case as a “watershed change.” 530 U.S. at 524 (O’Connor, J., dissenting).
cited Cited "see" Gerald Dasean Jarrett v. United States
8th Cir. · 2001 · signal: see · confidence high
See Dukes v. United States, 255 F.3d 912, 914 (8th Cir. July 11, 2001) (“One panel may not overrule another.”) (quoting United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997)).
cited Cited "see" United States v. Kevin McRay Smith
8th Cir. · 2001 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997) (refusing to consider argument that Hascall was wrongly decided).
cited Cited "see" United States v. Ronald Jennings, Jr.
8th Cir. · 2001 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997).
cited Cited "see" United States v. Will H. Hawkins
8th Cir. · 2001 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997) (refusing to consider argument that Hascall was wrongly decided).
cited Cited "see" Eric M. Picht v. Jon R. Hawks, Ltd.
8th Cir. · 2001 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir.1997) (reiterating that one panel of judges in Circuit may not overrule decision of another panel in Circuit).
discussed Cited "see" Eric M. Picht v. Jon R. Hawks, Ltd.
8th Cir. · 2001 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir. 1997) (reiterating that one panel of judges in Circuit may not overrule decision of another panel in Circuit).
cited Cited "see" United States v. Gregory Allen Peters
8th Cir. · 2000 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329-30 (8th Cir. 1997).
cited Cited "see" United States of America, Appellant/cross-Appellee v. Gregory Allen Peters, Appellee/cross-Appellant
8th Cir. · 2000 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329-30 (8th Cir.1997).
cited Cited "see" United States v. Gregory A. Neeman
8th Cir. · 2000 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 329 (8th Cir. 1997).
cited Cited "see" United States v. Arlie D. Maggard, United States of America v. Daisy Dawn Maggard, United States of America v. Timothy J. Maggard
8th Cir. · 1998 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 380 (8th Cir.1997).
cited Cited "see" United States v. Arlie D. Maggard
8th Cir. · 1998 · signal: see · confidence high
See United States v. Reynolds, 116 F.3d 328, 330 (8th Cir. 1997).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Glenn G. REYNOLDS, Appellant
96-3951.
Court of Appeals for the Eighth Circuit.
Jul 24, 1997.
116 F.3d 328
Thomas J. Cox (argued), Kansas City, Missouri, for Appellant., Paul S. Becker, Kansas City, Missouri, argued (Stephen L. Hill, Jr., U.S. Attorney, on the brief), for Appellee.
Arnold, Henley, Wollman.
Cited by 61 opinions  |  Published
RICHARD S. ARNOLD, Chief Judge.

In this case we again reaffirm the rule of this Circuit that second-degree burglary is a “crime of violence” for sentencing purposes under Section 4B1.2(l)(ii) of the Sentencing Guidelines.

I.

Glenn G. Reynolds, a convicted felon, was charged with possession of several firearms, in violation of 18 U.S.C. § 922(g)(1). The statutory maximum sentence is ten years. 18 U.S.C. § 924(a)(2). Reynolds pleaded guilty. As originally computed in the pre-sentence report, his adjusted offense level was 19. With a Criminal History Category of VI, this offense level produces a guideline range of five years and three months to 614 years. The District Court [1] determined, however, that one of Reynolds’s many previous convictions, a 1986 second-degree burglary, should be treated as a “crime of violence.” Reynolds concededly had one other such conviction, so this decision meant that he would be classified as a “career offender” under U.S.S.G. § 4B1.1. This classification produced a sentencing range of seven years and eight months to nine years and seven months. The Criminal History Category was unchanged.

The District Court imposed a sentence of eight years and four months (100 months), followed by three years’ supervised release, a fine of $3,000, to be paid in installments, and the mandatory special assessment of $50.

II.

The question presented is how to classify Reynolds’s second-degree burglary conviction. Because this issue has been thoroughly ventilated in previous opinions of this Court, we shall keep our discussion brief.

United States v. Nimrod, 940 F.2d 1186, 1188 (8th Cir.1991), holds that second-degree burglary in violation of Missouri law qualifies a defendant as a career offender under § 4B1.1. The holding was not limited to “a special subclass of burglaries that involve especially'dangerous conduct.” Id. at 1188-89. United States v. Hascall, 76 F.3d 902 (8th Cir.1996), makes it clear that this holding applies to burglaries of commercial buildings (as is the case here). The convictions at issue in Hascall were under Iowa law, but that difference doesn’t matter, because one of the bases of Hascall is Taylor v. United States, 495 U.S. 575, 598, 110 S.Ct. 2143, 2158, 109 L.Ed.2d 607 (1990), adopting, for related purposes, a “generic definition [one might almost say a per se definition] of burglary.” 76 F.3d at 904. It is the generic elements of burglary that matter — unlawful entry into a building to commit a crime — not the details of particular state statutes or the special circumstances of individual cases.

We are bound by Nimrod and Has-call. The latter opinion, in particular, discusses and rejects, at some length, most of the arguments made by Reynolds in this case. Appellant argues that Hascall is wrong, but we are not at liberty to consider that argument. One panel may not overrule another.

Appellant also cites United States v. Fountain, 83 F.3d 946, 950 (8th Cir.1996), as authorizing a different approach. In Fountain, he says, this Court examined the particulars of the conduct underlying the burglary conviction before deciding that it amounted to a “crime of violence.” The point is not insubstantial, but it is ultimately unavailing. The text of the relevant part of Fountain reads as follows:

As indicated, Fountain was convicted of burglarizing a garage. The burglary in question was in progress when interrupted by the homeowner, an off-duty police officer. Fountain and his accomplice were[*330] armed with a loaded revolver, which was pointed at the officer/homeowner. The officer/homeowner then fired his weapon at the burglars and they fled. Under the circumstances, we have no difficulty finding that the incident “otherwise involves conduct that presents a serious potential risk of physical injury to another.” See United States v. Hascall, 76 F.3d 902, 904 (8th Cir.1996) (second-degree burglary of a commercial building qualifies as a crime of violence under section 4B1.2); see also United States v. Cornelius, 931 F.2d 490, 493 (8th Cir.1991) (use of weapon signifies a crime of violence).

83 F.3d at 950.

We think this passage is best understood as an alternative holding, something like this: “The generic theory of Hascall controls, but even if it didn’t, this was still a ‘crime of violence’ because of what happened during this particular burglary.” To read this passage as disavowing the generic or per se approach of Hascall would be to attribute to the Fountain Court a sub silentio overruling of Hascall in a paragraph that itself cites Hascall with approval. As we have said many times, most recently in this very opinion, one panel may not overrule another, and we believe the Fountain panel was as well aware of that rule as we are.

We add, though it is not necessary, that this result makes sense even if we were to consider the particulars of Reynolds’s underlying conduct in the present case. The building he burglarized was a commercial structure, not a dwelling, and no one was there at the time. The building belonged to his employer. It was Reynolds’s place of work. We accept his statement that he did not intend to harm anyone, and that he would not have broken into the building if he had thought that someone was inside. This is all beside the point. The relevant portion of U.S.S.G. § 4B1.2(l)(ii) defines “crime of violence” to include “conduct that presents a serious potential risk of physical injury to another.” (Emphasis ours). That no one was injured in fact is not dispositive. Breaking into a building by its very nature involves a “serious potential risk of physical injury,” either to someone who happens-to be in the building, or to someone, for example a police officer, who happens to pass by while the crime is being committed. Reynolds did not and could not know, ex ante, that no one was in the building, or that no one would happen upon him.

Affirmed.

1

. The Hon. Howard F. Sachs, United States District Judge for the Western District of Missouri.