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Criminal Law: Sentencing-Violent Felony-Burglary Conviction
Where a defendant challenged the district court’s finding that his burglary conviction was a predicate offense under the Armed Career Criminal Act, the court did not err in finding that the Mississippi conviction was a violent felony, so the judgment is affirmed. Judgment is affirmed. U.S. v. Silva (MLW No. 74296/Case No. 19-1082 – 4 […]
Criminal Law: Felon in Possession of Firearm-Armed Career Criminal Act-Violent Felony
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 Missouri conviction for second-degree burglary was not a violent felony”. Where the Missouri burglary statute […]
Criminal Law: ACCA-Terroristic Threatening-Violent Felony
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, was divisible and the modified categorical approach applied. Judgment is affirmed. U.S. v. Myers (MLW […]
Criminal Law: Felon in Possession of Firearm-Armed Career Criminal Act-“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 offenses. On appeal, defendant argued that certain of his prior convictions did not qualify as […]
Criminal Law: Sentencing-Armed Career Criminal Act-Violent Felony
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 criminal based on the convictions. Judgment is affirmed. U.S. v. Phillips (MLW No. 73076/Case No. […]
Criminal Law: Sentencing-Armed Career Criminal-Violent Felony
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 affirmed. Douglas v. U.S. (MLW No.72899/Case No. 17-3422 – 2 pages) (U.S. Court of Appeals, […]
Criminal Law : Sentencing – ACCA – Violent Felony
U.S. v. Wadena (MLW No. 71894/Case No. 17-2131 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)
Criminal Law : Sentencing – ACCA – Violent Felony
U.S. v. Eason (MLW No. 71697/Case No. 17-1402 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)
Criminal Law : Sentencing – Violent Felony – Arkansas Law
U.S. v. Pyles (MLW No. 71643/Case No. 17-2116 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)
Criminal Law : Sentencing – Violent Felony – Missouri Burglary Conviction
U.S. v. Naylor (MLW No. 71533/Case No. 16-2047 – 26 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.)
Criminal Law : Sentencing – Violent Felony – Missouri Robbery Statute
U.S. v. Swopes (MLW No. 71511/Case No. 16-1797 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
Criminal Law : ACCA – Violent Felony – Arizona Conviction
Boaz v. U.S. (MLW No. 71463/Case No. 16-4127 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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