Where a defendant challenged his enhanced sentence as an armed career criminal based on three prior Wisconsin convictions for burglary, the relevant case is no longer good law, so the convictions do not qualify as violent felonies under the act, ...

Tagged with: Armed Career Criminal Act sentencing Wisconsin Burglary Statute

Defendant pleaded guilty to possession with intent to distribute and being a felon in possession of a firearm. Based on prior felony convictions, the district court determined that defendant was subject to an enhanced sentenced under the Armed Career Criminal ...

Tagged with: Armed Career Criminal Act Felon in Possession of a Firearm Possession with Intent to Distribute

For a law that was rewritten 40 years ago, a version of Missouri’s second-degree burglary statute dating to the 1970s sure is causing the 8th U.S. Circuit Court of Appeals a lot of disagreement. In a 2-1 ruling on July ...

Tagged with: 8th Circuit U.S. Court of Appeals Armed Career Criminal Act Second-Degree Burglary

Defendant appealed from his sentence, imposed following a conditional guilty plea to being a felon in possession of a firearm, after the government filed notice of the applicability of the Armed Career Criminal Act. On appeal, defendant argued that the ...

Tagged with: Armed Career Criminal Act Felon in Possession of Firearm Substantive Reasonableness of Sentence

Defendant pleaded guilty to being a felon in possession of a firearm. The district court imposed a 15-year statutory minimum sentence under the ACCA, finding that defendant had committed three prior “violent felonies”. On appeal, defendant argued that his 1977 ...

Tagged with: Armed Career Criminal Act Felon in Possession of Firearm Violent Felony

Defendant pleaded guilty to one count of being a felon in possession of a firearm. In the presentence investigation report, defendant was deemed to be an armed career criminal based on three prior convictions for violent felonies or serious drug ...

Tagged with: Armed Career Criminal Act Felon in Possession of Firearm Violent Felony

Where a defendant challenged his under the Armed Career Criminal Act, based on his two prior North Dakota convictions for willful aggravated assault, the convictions do not qualify as violent felonies for the purposes of Section 924(e), so the denial ...

Tagged with: Armed Career Criminal Act Criminal Law North Dakota Convictions sentencing

Where a defendant challenged his sentencing under the Armed Career Criminal Act, arguing that prior Minnesota convictions for aggravated robbery no longer qualified as predicate violent felonies, the judgment is affirmed because the defendant was properly sentenced. Judgment is affirmed. ...

Tagged with: Armed Career Criminal Act Criminal Law Minnesota Convictions sentencing

  Where a defendant had convictions in Missouri for second-degree domestic assault, second-degree assault and unlawful use of a weapon and a Minnesota conviction for second-degree assault, the district court did not err in sentencing him as an armed career ...

Tagged with: Armed Career Criminal Act Criminal Law sentencing Violent Felony

U.S. v. Byas (MLW No. 71072/Case No. 16-3616 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Tagged with: Armed Career Criminal Act Criminal Law Predicate Offense sentencing

U.S. v. Headbird (MLW No. 69548/Case No. 15-3718 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.)

Tagged with: Armed Career Criminal Act Criminal Law Juvenile Adjudication Minnesota Law