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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law : Sentencing –  Armed Career Criminal –  Burglary

Criminal Law : Sentencing –  Armed Career Criminal –  Burglary

Where a defendant who pleaded guilty to being a felon in possession of a firearm argued that the application of a two-level enhancement was erroneous, the enhancement was proper because the district court did not err in finding that the offenses involved possession of three to seven weapons, and the government’s cross appeal is rejected because the Missouri conviction for second-degree burglary did not qualify as a violent felony under the ACCA.

Judgment is affirmed.

U.S. v. Goldsberry (MLW No. 71617/Case No. 16-4315 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, Eastern District of Missouri, Fleissig, J. (Gregory N. Smith, St Louis, argued for appellant) (Allison Hart Behrens, St Louis, appeared on the appellee’s brief).

Read the full text of this opinion. (PDF)