United States v. Thornton, No. 13-3302 (8th Cir. 2014)
Annotate this CaseDefendant pleaded guilty to being a felon in possession and appealed his sentence. The district court concluded that defendant's prior criminal history, including a conviction for a 1992 Kansas burglary, qualified him as an armed career criminal under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1). The court concluded that the district court erred in determining that the Kansas burglary conviction qualified as a predicate offense under the ACCA and the district court lacked sufficient information upon which to find that defendant pleaded guilty to generic burglary, a qualifying violent felony for purposes of the ACCA. Accordingly, the court vacated the sentence and remanded for resentencing.
Court Description: Criminal case - Sentencing. The district court erred in determining defendant's 1992 Kansas burglary conviction qualified as a predicate offense for purposes of sentencing under the Armed Career Criminal Act as the evidence the government provided regarding the conviction was insufficient to show defendant had pleaded guilty to generic burglary, a qualifying violent felony; remanded for resentencing. [ September 08, 2014
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