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Criminal Law: Felon in Possession of Firearm-ACCA Enhancement-Predicate Crime of Violence
Staff Report//March 25, 2019//
Criminal Law: Felon in Possession of Firearm-ACCA Enhancement-Predicate Crime of Violence
Staff Report//March 25, 2019//
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Defendant pleaded guilty to being a felon in possession of a firearm. At sentencing, the district court sentenced defendant to the statutory minimum sentence under the Armed Career Criminal Act. On appeal, defendant challenged the ACCA enhancement.
Where defendant’s predicate kidnapping conviction listed only alternative means to commit kidnapping, some of which did not involve the use of force, the statute was indivisible and could not constitute a predicate crime of violence for an ACCA enhancement.
Judgment is reversed and remanded.
U.S. v. Coleman (MLW No. 72936/Case No. 18-2400 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Moody, J. (Nicole Lybrand for appellant) (Stephanie Mazzant for appellee)
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