United States of America v. Deandre Julian Hensley
July 15, 2026·24-3229·Panel Decision·By James Taylor
The Eighth Circuit affirmed a twenty-four-month sentence for a felon in possession of a firearm and ammunition. The court found sufficient evidence that the defendant fired the weapon used in an attempted murder during the commission of his offense.
Deandre Hensley pleaded guilty to two firearms offenses after being arrested with a Glock pistol and cocaine. He was sentenced to two hundred and four months of imprisonment based on a cross-reference to attempted murder for a shooting incident that occurred while he possessed the firearm.
The court’s reasoning
The court reviewed the sentence for procedural and substantive reasonableness. It found no clear error in the district court’s factual finding that Hensley fired the weapon used in the shooting, noting that evidence beyond mere presence linked him to the crime. The court also rejected the argument that uncharged conduct could not be used for sentencing, citing precedent that such conduct is permissible under the Guidelines.
What it means going forward
This decision reinforces the ability of district courts to use uncharged relevant conduct to enhance sentences when the evidence sufficiently links the defendant to the uncharged conduct.
