Where a defendant challenged his classification under the Armed Career Criminal Act, the three prior convictions for Minnesota aggravated robbery qualified as violent felonies under the act, so the judgment is affirmed. Judgment is affirmed. U.S. v. Walker (MLW No. ...

Tagged with: ACCA sentencing

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, ...

Tagged with: ACCA Terroristic Threatening Violent Felony

Where a defendant argued that he lacked the requisite prior convictions to qualify for an enhancement under the Armed Career Criminal Act, remand is unnecessary on the unlawful-use claim because the conviction has been established as a violent felony under ...

Tagged with: ACCA Habeas Relief Prior Convictions

Where a defendant challenged the enhancement of his sentence under the Armed Career Criminal Act, the district court properly found that a prior conviction in Indiana for burglary qualified as a violent felony under the act, so the judgment is ...

Tagged with: ACCA Burglary sentencing

Where a defendant challenged his sentence in a robbery case, the judgment is affirmed because the defendant’s Minnesota conviction for first-degree aggravated robbery constituted a crime of violence for purposes of the Armed Career Criminal Act. Judgment is affirmed. U.S. ...

Tagged with: ACCA robbery sentencing

Where a defendant in a felon-in-possession case challenged his status as an armed career criminal under the Armed Career Criminal Act, the defendant’s prior Minnesota convictions for simple robbery qualified as a violent felony under the ACCA’s force clause, so ...

Tagged with: ACCA sentencing “Simple Robbery”

Where a defendant challenged the denial of his second motion to vacate his mandatory minimum sentence under the Armed Career Criminal Act, the defendant’s application properly relied on Johnson v. United States, but the district court properly denied the successive ...

Tagged with: ACCA Criminal Law sentencing Successive Motion

Where a defendant sentenced as an armed career criminal sought to vacate her sentence under Johnson v. U.S., the defendant was unable to show by a preponderance of the evidence that the residual clause led the court to apply the ...

Tagged with: ACCA Criminal Law Residual Clause sentencing

Where a defendant sentenced as an armed career criminal sought to vacate his sentence, the judgment is affirmed because any error under Johnson v. U.S. would be harmless because the defendant had at least three qualifying convictions under current law, ...

Tagged with: ACCA Criminal Law Residual Clause sentencing

U.S. v. Wadena (MLW No. 71894/Case No. 17-2131 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Tagged with: ACCA Criminal Law sentencing Violent Felony

U.S. v. Myers (MLW No. 71900/Case No. 17-2415 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

Tagged with: ACCA Criminal Law sentencing Terroristic Threatening