United States v. Alexander, No. 15-1210 (8th Cir. 2016)
Annotate this CaseDefendant pled guilty to being a felon in possession of a firearm and subsequently appealed his sentence. The district court sentenced defendant under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1), because he had three predicate offenses. Defendant's prior Missouri conviction was for committing second-degree assault by knowingly attempting to cause physical injury to another by means of a dangerous instrument. The court held that defendant's conviction for Assault Second Degree, which constitutes an attempted use of physical force, qualifies as a “violent felony” within the meaning of section 924(e)(2)(B)(i) and affirmed the district court’s application of the ACCA enhancement to defendant's sentence.
Court Description: Shepherd, Author, with Loken and Beam, Circuit Judges] Criminal Case - Armed Career Criminal Act. Alexander's prior Missouri conviction for Assault Second Degree, in which Alexander was charged with knowingly attempting to cause physical injury by means of a dangerous instrument, qualifies as a violent felony under section 924(e)(2)(B)(i). An attempted second degree assault under Mo. Rev. Stat. sec. 565.060.1(2) constitutes an attempted use . . . of physical force under section 924(3)(2)(B)(i).
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