Where a defendant was found to be an armed career criminal for sentencing purposes based on three prior convictions for violent felonies, according to the U.S. Supreme Court’s decision in Mathis v. U.S. two of the defendant’s prior convictions did not qualify as violent felonies under the Armed Career Criminal Act, so he was erroneously sentenced as an armed career criminal, but the district court did not clearly err in finding that the defendant possessed a firearm in connection with a felony offense, so a four-level enhancement was appropriate and the matter is reversed and remanded for resentencing.
Judgment is reversed and remanded.
U.S. v. Boman (MLW No. 71122/Case No. 14-3312 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.) Appealed from U.S. District Court, Northern District of Iowa, J. Heather Quick, Cedar Rapids, Iowa, argued for appellant) (Ravi T. Narayan, Cedar Rapids, Iowa, argued for appellee).
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