Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Miranda-Zarco

United States Court of Appeals, Eighth Circuit

September 6, 2016

United States of America, Plaintiff- Appellee
v.
Ismael Miranda-Zarco, Defendant-Appellant

          Submitted: January 11, 2016

         Appeal from United States District Court for the Eastern District of Missouri - St. Louis

          Before MURPHY, SMITH, and BENTON, Circuit Judges.

          BENTON, Circuit Judge.

         Ismael Miranda-Zarco pled guilty to two conspiracies: to distribute methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A); and to commit money laundering in violation of 18 U.S.C. § 1956 (a)(1)(B)(i) and (h). He appeals the addition of one criminal-history point under U.S.S.G. § 4A1.1. Having jurisdiction under 28 U.S.C. § 1291, this court vacates the sentence and remands.

         In 2001, for the same act, Miranda-Zarco pled guilty to first-degree robbery and armed criminal action (ACA). See § 569.020 RSMo (robbery in the first degree); § 571.015 RSMo (ACA). "According to court records" he, "acting with another, forcibly stole U.S. currency in the possession of Pizza-Hut-DeSoto, and in the course thereof defendant, acting with another, displayed what appeared to be a deadly weapon." He received 10 years in prison for the robbery, and a concurrent three years for the ACA.

         I.

         The district court added three criminal-history points for the robbery conviction under § 4A1.1(a), as authorized for a prior sentence of imprisonment exceeding one year and one month. Guideline 4A.1.1(e) then says to "add 1 point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points under (a), (b), or (c) above because such sentence was treated as a single sentence . . . ." Accordingly, for the ACA conviction, the court added one point. Miranda-Zarco objects to the ACA point, claiming because the ACA arose out of the same conduct as the burglary, it cannot be counted separately.

         By state law, the ACA conviction is separate and distinct from the robbery conviction. In Missouri, first-degree robbery occurs when a person

forcibly steals property and in the course thereof he, or another participant in the crime,
(1) Causes serious physical injury to any person; or
(2) Is armed with a deadly weapon; or
(3) Uses or threatens the immediate use of a dangerous instrument against any person; or
(4) Displays or threatens the use of what appears to be a deadly weapon or dangerous instrument.

§ 569.020 RSMo. An ACA violation occurs when a person commits any felony "by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon . . . ." § 571.015 RSMo. An ACA punishment is "in addition to" the punishment for the underlying felony. Id. The Supreme Court of Missouri has held that robbery and armed criminal action "are not the same offense" for purposes of multiple prosecution because "the expressed intent of the legislature" is to punish the offenses cumulatively. State v. Flenoy, 968 S.W.2d 141, 144-45 (Mo. banc 1998), citing Missouri v. Hunter, 459 U.S. 359, 367 (1983). The district court correctly rejected Miranda-Zarco's claim. See United States v. Watson, 65 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.