Case Explained: United States of America v. Deandre Julian Hensley

Court: United States Court of Appeals for the Eighth Circuit

Filed: 2026-07-15

The eighth-circuit affirmed Deandre Hensley’s 204-month sentence for two firearms offenses, rejecting his challenges to the district court’s application of a sentencing guideline cross-reference and its consideration of uncharged conduct. The court applied a two-step review process, first examining procedural correctness de novo for legal interpretations and for clear error regarding factual findings, followed by an abuse of discretion review for substantive reasonableness. Regarding the calculation of Hensley’s offense level, the court held that the district court did not commit clear error in applying the cross-reference to attempted murder under U.S.S.G. § 2K2.1(c)(1) based on a July 4, 2023, shooting. The appellate court found sufficient evidence beyond mere presence to support the district court’s conclusion that Hensley was the shooter, citing location data from his iPhone, the match between casings found at the scene and the firearm seized from Hensley, and his stipulation regarding possession of that specific firearm and ammunition on the date of the shooting. Furthermore, the court ruled that the shooting constituted relevant conduct under U.S.S.G. § 1B1.3 because it occurred during the commission of the offense of conviction (felon in possession) and involved the same weapon. The court also rejected Hensley’s constitutional due process and jury trial arguments regarding the use of uncharged conduct, noting that such reliance is constitutionally permissible for determining advisory Guidelines ranges under Eighth Circuit precedent. Finally, the court found no abuse of discretion in the substantive reasonableness of the sentence, as the district court considered Hensley’s age, history, and characteristics, including recommending substance abuse treatment. The judgment of the district court stands, and Hensley remains subject to the imposed 204-month term of imprisonment.

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