United States v. Swopes, No. 16-1797 (8th Cir. 2017)
Annotate this CaseDefendant pleaded guilty to unlawful possession of a firearm as a previously convicted felon and was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). On appeal, defendant challenged the district court's imposition of a minimum 15 year sentence. The court concluded that, based on the intervening circuit precedent in United States v. Bell, defendant's prior second-degree robbery in Missouri was not a violent felony under the ACCA, and defendant therefore does not qualify as an armed career criminal. Accordingly, the court vacated the sentence and remanded for resentencing.
Court Description: Per Curiam - Before Colloton, Melloy and Shepherd, Circuit Judges] Criminal case - Sentencing. Defendant's Missouri second-degree robbery conviction was not a crime of violence for purposes of sentencing under the Armed Career Criminal Act - see United States v. Bell, 840 F.3d 963 (8th Cir. 2016)- and the matter is remanded for resentencing.
The court issued a subsequent related opinion or order on March 29, 2018.
The court issued a subsequent related opinion or order on June 13, 2018.
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