United States v. Headbird, No. 15-3718 (8th Cir. 2016)
Annotate this CaseAfter defendant plead guilty to being a felon in possession of a firearm, the district court determined that defendant had three prior violent felony convictions and sentenced him to 235 months imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). Defendant appealed, contending that his juvenile adjudication for second degree assault, Minn. Stat. 609.222, subd. 1, does not qualify as an ACCA predicate offense. The court concluded that the phrase "with a dangerous weapon" is an element of Minnesota's second degree assault statute, Minn. Stat. 609.222, subd. 1, and that the separate definition of "dangerous weapon" in 609.02, subd. 6, lists means for committing that element. The element "with a dangerous weapon" is not divisible. Minnesota's definition of "dangerous weapon" is broader than the ACCA's requirement. Therefore, defendant's juvenile adjudication was thus not an ACCA predicate offense, and he does not qualify as an armed career criminal because he had only two prior ACCA predicate convictions. Accordingly, the court vacated the sentence and remanded for resentencing.
Court Description: Murphy, Author, with Bright and Shepherd, Circuit Judges] Criminal Case Armed Career Criminal Act. Under this court's precedent Minn. Stat sec. 609.222 is a violent felony. Because Headbird's conviction for second degree assault was a juvenile adjudication, it must involve a weapon to qualify as an ACCA predicate offense. Because the statute's term "with dangerous weapon" is an element of the offense and the separate definition lists means for committing that element, the element "with a dangerous weapon" is not divisible. Minnesota's definition is thus broader than the ACCA's weapon requirement, and the juvenile adjudication does not qualify as a predicate offense. Headbird does not qualify as an armed career criminal because he had only two prior predicate convictions.
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