United States v. Preston Phillips, No. 15-1712 (8th Cir. 2017)
Annotate this CaseAfter defendant pled guilty to being a felon in possession of a firearm, the district court sentenced him under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). The Supreme Court vacated the judgment and remanded for further consideration in light of Mathis v. United States. The court vacated the sentence and remanded to the district court to determine whether defendant's second-degree burglary convictions were "of a building," and thus violent felonies under the ACCA.
Court Description: Benton, Author, with Loken and Riley, Circuit Judges] Criminal case - Sentencing. On remand from the Supreme Court of the United States, see Phillips v. United States, 137 S.Ct. 634 (2017), for reconsideration under Mathis. For this court's prior opinion, see United States v. Phillips, 817 F.3d 567 (8th Cir. 2016). Remanded to the District Court for a determination as to whether defendant's Missouri second-degree burglary convictions were "of a building" and thus violent felonies under the Armed Career Criminal Act.
This opinion or order relates to an opinion or order originally issued on March 8, 2016.
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