United States Court of Appeals

For the Eighth Circuit

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No. 19-1301

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United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Terry J. Thornton

lllllllllllllllllllllDefendant - Appellant

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Appeal from United States District Court

for the Eastern District of Missouri - Cape Girardeau

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 Submitted: November 15, 2019

Filed: November 22, 2019

[Unpublished]

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Before COLLOTON, BENTON, and GRASZ, Circuit Judges. 

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PER CURIAM.
Terry J. Thornton appeals the Guidelines-range sentence the district court1

imposed after he pled guilty to being a felon in possession of a firearm. Having

jurisdiction under 28 U.S.C. § 1291, this court affirms.

Counsel has moved for leave to withdraw and filed a brief under Anders v.

California, 386 U.S. 738 (1967), which challenges the district court’s imposition of

five criminal history pointsfor a three-countrobbery conviction pursuant to U.S.S.G.

§ 4A1.1(e), and an enhancement under U.S.S.G. § 2K2.1(b)(6)(B). Counsel also

argues the court failed to adequately explain the sentence, and that the sentence was

substantively unreasonable. 

This court concludes the district court correctly assessed the five criminal

history points for the robbery conviction. See United States v. Betts, 509 F.3d 441,

445 (8th Cir. 2007) (standard of review);see also U.S.S.G. §§ 4A1.1(a), (e); U.S.S.G.

§ 4A1.2(a)(2); United States v. Shine, 910 F.3d 1061, 1063 (8th Cir. 2018) (Missouri

first-degree robbery is a crime of violence). The district court properly applied the

enhancement under section 2K2.1(b)(6)(B), because Thornton possessed a firearm in

connection with another felony offense, i.e., possession of marijuana. See U.S.S.G.

§ 2K2.1(b)(6)(B), comment. (n.14(A)) (apply Guideline if firearm facilitated, or had

the potential to facilitate, another felony offense); United States v. Jarvis, 814 F.3d

936, 937 (8th Cir. 2016) (this court reverses if the district court applied the

§ 2K2.1(b)(6) enhancement based on a temporal and spatial nexus between the drugs

and firearm, without applying the “facilitate” standard of note 14(A); the inference

that a firearm is for protection of drugs is permissible when the amount of drugs is

more than residue); United States v. Sneed, 742 F.3d 341, 344-45 (8th Cir. 2014)

(affirming application of enhancement where unloaded firearm was found in

backpack and drugs were found in defendant’s pocket; when a drug user chooses to

1The Honorable Stephen N. Limbaugh, Jr., United States DistrictJudge for the

Eastern District of Missouri.

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carry illegal drugs out into public--including in a car--with a firearm, an “in

connection with” finding will rarely be clearly erroneous). 

The district court adequately explained the sentence, and the sentence was not

substantively unreasonable. The record reflectsthat the district court considered and

discussed relevant 18 U.S.C. 3553(a) factors. See United States v. Feemster, 572

F.3d 455, 461-62, 464 (8th Cir. 2009) (en banc) (abuse of discretion occurs when

court fails to consider relevant factor, gives significant weight to improper or

irrelevantfactor, or commits clear error of judgment in weighing appropriate factors). 

The court imposed a sentence within the Guidelines range as modified by the

statutory maximum. See United States v. St. Claire, 831 F.3d 1039, 1043 (8th Cir.

2016) (within-Guidelines sentence is accorded presumption of substantive

reasonableness on appeal). 

The judgment is affirmed. Counsel’s motion to withdraw is granted.

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