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United States v. Patrie

United States Court of Appeals, Eighth Circuit

July 27, 2015

United States of America, Plaintiff - Appellee
v.
Randy Patrie, Defendant - Appellant

Submitted April 17, 2015.

Appeal from United States District Court for the Northern District of Iowa, Waterloo.

For United States of America, Plaintiff - Appellee: Charles J. Williams, U.S. Attorney's Office, Northern District of Iowa, Cedar Rapids, IA.

Randy Patrie, Defendant - Appellant, Pro se, Pine Knot, KY.

For Randy Patrie, Defendant - Appellant: Stephen Arthur Swift, Klinger & Robinson, Cedar Rapids, IA.

Before RILEY, Chief Judge, LOKEN and SHEPHERD, Circuit Judges.

OPINION

Page 999

SHEPHERD, Circuit Judge.

Randy Patrie pled guilty to being a felon in possession of firearms and to possession of sawed-off shotguns. At sentencing, the district court[1] found (1) that Patrie had

Page 1000

committed first degree murder and thus that it would be appropriate to apply the cross reference for murder, and (2) that Patrie was an armed career criminal. Based on these findings, the district court imposed a sentence of life imprisonment. Patrie now appeals from his sentence, challenging both the cross reference and armed career criminal determinations. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I.

In July 2013, witnesses reported to law enforcement that they had observed Randy Patrie burglarizing his stepmother's house. Acting on this information, officers executed a search warrant on Patrie's residence and seized a number of items, including several firearms. One of the firearms matched a gun stolen from Carl Kenneth Gallmeyer, a 70-year-old retiree who was tragically murdered in September 2012 when a burglar broke into his home and shot him with a .410 gauge shotgun as he lay in bed. After learning of the connection to Gallmeyer, officers executed a second search warrant on Patrie's residence. During the two searches, officers seized over two dozen firearms from Patrie. These included two sawed-off shotguns, one a .410 gauge. Patrie later pled guilty to being a felon in possession of firearms, in violation of 18 U.S.C. § 922(g), and to possession of sawed-off shotguns, in violation of 26 U.S.C. § 5861(d). The .410 gauge sawed-off shotgun was included in the possession of sawed-off shotguns charge but not in the felon in possession charge.

At sentencing, the district court found that Patrie murdered Gallmeyer and that it would be appropriate to apply the cross reference for first degree murder. See United States Sentencing Commission, Guidelines Manual, § 2K2.1(c). The district court then found that Patrie was an armed career criminal based on his one prior conviction for a controlled substance offense and his two prior convictions for second degree burglary. See 18 U.S.C. § 924(e). The combination of the cross reference and Patrie's status as an armed career criminal produced a Guidelines range of life imprisonment. The district court imposed a sentence of life imprisonment on the felon in possession charge and a sentence of 120 months imprisonment on the possession of sawed-off shotguns charge, to be served concurrently. Patrie appeals, arguing the district court (1) erred in applying the ...


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