Where a defendant challenged the denial of his motion to correct his sentence under 28 U.S.C. Section 2255, arguing that the motion was timely filed, the judgment is affirmed based on circuit precedent. Judgment is affirmed. Lopez v. U.S. (MLW ...

Tagged with: Residual Clause sentencing

Defendant was convicted of possession with intent to distribute, using a firearm during drug-trafficking and being a felon in possession of a firearm. At sentencing, the district court overruled defendant’s objection to using his two prior convictions for fleeing an ...

Tagged with: ACCA Concurrent Sentence Residual Clause

Plaintiff appealed the grant of summary judgment to defendant, which determined that defendant did not owe uninsured motorist coverage to plaintiff following his car crash with Mason Baumgarte, an insured driver. The district court ruled that Baumgarte was solely responsible ...

Tagged with: Carjacking Possession of Firearm in Crime of Violence Residual Clause

Defendant pleaded guilty to carjacking and possession of a firearm in relation to a crime of violence. Following sentencing, defendant unsuccessfully moved to correct his sentence in the wake of Johnson v. U.S., 1315 S.Ct. 2551, which ruled that the ...

Tagged with: Carjacking Possession of Firearm in Crime of Violence Residual Clause

  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 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

Walker v. U.S. (MLW No. 72003/Case No. 16-4284 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Tagged with: Criminal Law Residual Clause sentencing

Jones v. U.S. (MLW No. 70956/Case No. 16-3458 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.)

Tagged with: ACCA Criminal Law Residual Clause sentencing

U.S. v. Miranda-Zarco (MLW No. 69672/Case No. 15-1497 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

Tagged with: Crime Of Violence Criminal Law Residual Clause sentencing

U.S. v. Prickett (MLW No. 69482/Case No. 15-3486 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Tagged with: Criminal Law Johnson Case Residual Clause Use Of Firearm