Where a defendant argued that an Arkansas conviction for first-degree terroristic threatening was not a violent felony under the Armed Career Criminal Act, the district court properly counted the conviction as a violent felony because the statute listed alternative elements, was divisible and the modified categorical approach applied.
Judgment is affirmed.
U.S. v. Myers (MLW No. 73482/Case No. 17-2415 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, Western District of Arkansas, Dawson, J. (Christopher Aaron Holt, Fayetteville, Arkansas, argued for appellant) (Denis Dean, Fort Smith, Arkansas, argued for appellee).