United States v. Pate, No. 15-3991 (8th Cir. 2017)
Annotate this CaseDefendant was found guilty of being a felon in possession of a firearm and sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), to 200 months in prison. The Supreme Court subsequently invalidated the residual clause of the ACCA in Johnson v. United States, and the district court vacated defendant's original sentence, imposing a 120-month sentence. On appeal, defendant challenged his revised sentence. The court concluded that the district court did not err by imposing a four-level enhancement under USSG 2K2.1(b)(6)(B) for possession of the firearm in connection with another felon. The court also concluded that any error in the classification of his prior conviction for third-degree non-residential burglary under Minnesota law was harmless because the district court expressly determined it would have imposed the same sentence. Accordingly, the court affirmed the sentence.
Court Description: Riley, Author, and Wollman and Benton, Circuit Judges] Criminal case - Sentencing. For the court's earlier opinion in the matter, see U.S. v. Pate, 754 F.3d 553 (8th Cir. 2014). After the Supreme Court issued its opinion in Johnson, the district court vacated Pate's 200-month sentence and sentenced him to 120 months. The district court did not err in imposing a four-level enhancement under Guidelines Sec. 2K2.1(b)(6)(B)for possession of the firearm in connection with another felony; any error in the classification of defendant's prior conviction for third-degree burglary was harmless in light of the district court's statements that it would impose the same sentence if the offense was later determined not to be a crime of violence.
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