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United States v. Jenkins

United States Court of Appeals, Eighth Circuit

July 6, 2015

United States of America, Plaintiff - Appellee
v.
Lori Jenkins, Defendant - Appellant

Submitted May 13, 2015.

Appeal from United States District Court for the District of Nebraska - Omaha.

For United States of America, Plaintiff - Appellee: Kimberly C. Bunjer, Assistant U.S. Attorney, U.S. Attorney's Office, District of Nebraska, Omaha, NE.

Lori Jenkins, Defendant - Appellant, Pro se, Aliceville, AL.

For Lori Jenkins, Defendant - Appellant: Donald Lee Schense, Bellevue, NE.

Before WOLLMAN, SMITH, and BENTON, Circuit Judges.

OPINION

BENTON, Circuit Judge.

Lori Lynn Jenkins was convicted on two counts of being a felon in possession of ammunition, in violation of 18 U.S.C. § § 922(g)(1) and 924(a)(2). The district court[1] sentenced her to 120 months' imprisonment. She appeals, claiming insufficient evidence, an erroneous supplemental instruction to the jury, and error in applying the cross-reference from Sentencing Guidelines § § 2K2.1(c)(1)(B) and 2A1.1. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

The federal indictment charged:

Count I
On or about August 2, 2013, in the District of Nebraska, LORI JENKINS, Defendant herein, having been convicted on August 27, 1997, in the District Court of Douglas County, Nebraska, of a crime punishable by imprisonment for a term exceeding one year, to wit: shoplifting over $1,500, did knowingly possess in and affecting commerce, ammunition, which had been shipped and transported in interstate commerce, to wit: Brenneke, 12 gauge " classic magnum" shells. In violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).

Count II

On or about August 20, 2013, in the District of Nebraska, LORI JENKINS, Defendant herein, having been convicted on August 27, 1997, in the District Court of Douglas County, Nebraska, of a crime punishable by imprisonment for a term exceeding one year, to wit: shoplifting over $1,500, did knowingly possess in and affecting commerce, ammunition, which had been shipped and transported in interstate commerce, to wit: Remington 9mm ammunition. In violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).

The 12 gauge shells, a specialty item, were available only at one store in Omaha. The government presented video of Jenkins's purchase. Another store's video showed her purchasing the 9mm ammunition. Jenkins's cousin testified to waiting in the car while she purchased the 9mm ammunition. Jenkins did not stipulate to a prior felony conviction. The government entered into evidence a ...


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