United States v. Dexter Lewis

── United States v. Dexter Lewis ── Court: Court of Appeals for the Eighth Circuit Date: June 04, 2026 Category: General United States Court of Appeals For the Eighth Circuit ___________________________ No. 24-2947 ___________________________ United States of America Plaintiff - Appellee v. Dexter Lewis Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: January 12, 2026 Filed: June 4, 2026 [Published] ____________ Before SMITH, ERICKSON, and KOBES, Circuit Judges. ____________ PER CURIAM. A jury found Dexter Lewis guilty of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). At sentencing, the district court 1 found that Lewis “possessed [the] firearm . . . in connection with another felony [offense]” and 1 The Honorable Stephen R. Clark, Chief Judge, United States District Court for the Eastern District of Missouri. therefore applied a four-level enhancement pursuant to U.S.S.G. § 2K2.1(b)(6)(B).2 On appeal, Lewis challenges the district court’s application of the enhancement. We affirm. I. Background One evening, law enforcement officers observed a Saab fail to stop at a stop sign. The officers activated their overhead lights. In response, the Saab—driven by Lewis—accelerated and sped away at a high rate of speed. Law enforcement pursued the Saab for approximately 30 minutes. During the chase, Lewis disobeyed traffic control devices and rammed numerous vehicles that were in his path. Officers successfully deployed spike strips at five different locations and deflated all four tires on Lewis’s Saab. Lewis’s speed decreased dramatically. Lewis then put a firearm in the purse of his girlfriend, the passenger, over her objection. After doing so, Lewis jumped out of the vehicle while it was in motion. He fled on foot. After the vehicle crashed, his girlfriend exited the vehicle and ran in Lewis’s direction. Officers apprehended and arrested them close to the abandoned vehicle. Officers searched his girlfriend’s purse and discovered Lewis’s firearm. A jury subsequently found Lewis guilty of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Prior to sentencing, the probation office prepared a presentence report (PSR). It included only an enhancement based on the firearm being stolen. The government notified the probation office that the PSR omitted additional enhancements for obstruction of justice and fleeing. The probation office responded that the final PSR would contain the enhancements. A subsequent PSR included an obstruction-of-justice enhancement but did not include an enhancement for Lewis’s flight. The government objected to the PSR and 2 “The current version of the Guidelines, effective November 1, 2025, provides this enhancement at USSG § 2K2.1(b)(7)(B). References herein to USSG § 2K2.1(b)(6)(B) refer to the version of the Guidelines used to determine [Lewis’s] offense level at the time of sentencing.” United States v. Naylor, No. 24-1490, 2026 WL 237724, at *1 n.1 (3d Cir. Jan. 29, 2026) (unpublished). -2- sought an additional four-level enhancement pursuant to U.S.S.G. § 2K2.1(b)(6)(B) based on Lewis possessing a firearm in furtherance of another felony—resisting arrest. Alternatively, the government sought a two-level enhancement pursuant to U.S.S.G. § 3C1.2 for Lewis recklessly cre