United States of America v. Kwane Demarchel Wheat

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 21-2531
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Kwane Demarchel Wheat
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Northern District of Iowa - Central
____________
Submitted: March 7, 2022
Filed: March 10, 2022
[Unpublished]
____________
Before LOKEN, BENTON, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Kwane Wheat appeals the sentence the district court1 imposed after he pleaded
guilty to firearm offenses. On appeal, Wheat argues that the district court erred in
determining that one of his prior convictions constituted a crime of violence.
1The Honorable Leonard T. Strand, Chief Judge, United States District Court
for the Northern District of Iowa.

-- 1 of 2 --

Upon careful review, we find that the district court did not err in finding that
Wheat’s conviction under Iowa Code § 708.2(1) was a crime of violence. See United
States v. Craig, 630 F.3d 717, 723 (8th Cir. 2011) (district court’s finding that a prior
conviction constitutes a crime of violence under the Sentencing Guidelines is
reviewed de novo); see also United States v. Quigley, 943 F.3d 390, 395 (8th Cir.
2019) (conviction under § 708.2(1) qualifies as a crime of violence under the
Guidelines; mere speculation that § 702.2(1) could be applied to conduct not
involving physical force does not take the offense outside the scope of the force
clause; “we can think of no non-fanciful, non-theoretical manner in which to commit
such crime without at least threatening use of physical force”).
Accordingly, we affirm.
______________________________
-2-

-- 2 of 2 --