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Criminal Law: Sentencing-ACCA
Staff Report//September 5, 2019
Where a defendant who pleaded guilty to being a felon in possession of a firearm challenged his sentence, under U.S. Supreme Court precedent the Arkansas burglary conviction qualified as a violent felony under the Armed Career Criminal Act, so the prior opinion is vacated and the district court’s judgment sentencing the defendant as an armed career criminal is affirmed.
Judgment is affirmed.
U.S. v. Sims (MLW No. 73760/Case No. 16-1233 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Moody Jr., J. (Chris Tarver, Little Rock, Arkansas, argued for appellant) (Stephanie Mazzanti, Little Rock, Arkansas, argued for appellee).
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