After conducting a series of malicious computer attacks, defendant pleaded guilty to conspiracy to cause intentional damage to a protected computer and two counts of being a felon in possession of a firearm. On appeal, defendant challenged his classification as ...

Tagged with: Armed Career Criminal Intentional Damage to Protected Computer restitution

Defendant pleaded guilty to being a felon in possession of a firearm. The district court concluded that defendant qualified as an armed career criminal and calculated a base-offense level of 34 with a criminal history category VI. On appeal, defendant ...

Tagged with: Armed Career Criminal Calculation of Base-Offense Level Felon in Possession of a Firearm

  Petitioner filed a §2255 petition, arguing that he no longer qualified as an armed career criminal. The presentence report for petitioner’s underlying conviction found that he had five prior felony or serious drug convictions. Thereafter, the Supreme Court retroactively ...

Tagged with: Armed Career Criminal Criminal Law Predicate Convictions §2255 Petition

  Where a defendant claimed he was no longer an armed career criminal for sentencing purposes due to changes in case law, the order denying his Section 2255 motion is vacated and remanded for the district court to determine whether ...

Tagged with: Armed Career Criminal Criminal Law Residual Clause sentencing

  Where a defendant in a felon-in-possession case challenged the enhancement of his sentence under the Armed Career Criminal Act, the defendant’s two prior convictions for first-degree aggravated robbery qualified as violent felonies, so the judgment is affirmed. Judgment is ...

Tagged with: Armed Career Criminal Criminal Law sentencing Violent Felony

  Where a defendant challenged his sentencing as an armed career criminal, the judgment is affirmed because convictions for separate drug transactions on separate days are multiple ACCA predicate offenses even if the sales were to the same person. Judgment ...

Tagged with: Armed Career Criminal Criminal Law sentencing Separate Drug Sales

Defendant pleaded guilty to distributing cocaine base and possessing a firearm as an armed career criminal. Defendant conceded his prior convictions made him an armed career criminal. After the Court’s decision in Descamps v. U.S., 570 U.S. 254, defendant unsuccessfully ...

Tagged with: Armed Career Criminal Concurrent Sentence Doctrine Criminal Law Prior Violent Felony

Defendant moved to vacate his sentence, challenging application of the Armed Career Criminal Act. Defendant argued that his prior Missouri conviction for robbery did not qualify as a predicate offense after the Supreme Court’s ruling in Johnson v. U.S., 135 ...

Tagged with: Armed Career Criminal Criminal Law Predicate Offense robbery

Defendant was convicted of being a felon in possession of a firearm and was sentenced as an armed career criminal. Following the denial of defendant’s first motion to vacate sentence, the Supreme Court ruled that the residual clause of the ...

Tagged with: Armed Career Criminal Criminal Felon in Possession of Firearm Successive Motion to Vacate Sentence

U.S. v. Pettis (MLW No. 71612/Case No. 16-3988 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Tagged with: Armed Career Criminal Criminal Law Minnesota Law sentencing

U.S. v. Goldsberry (MLW No. 71617/Case No. 16-4315 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.)

Tagged with: Armed Career Criminal Burglary Criminal Law sentencing