United States v. Montgomery, No. 12-1613 (8th Cir. 2012)
Annotate this CaseDefendant was charged with being a felon in possession of a firearm and sentenced to 188 months imprisonment. Defendant challenged his conviction and sentence. Viewing the evidence in the light most favorable to the verdict, the court concluded that a reasonable jury could have found defendant guilty beyond a reasonable doubt. The court also concluded that there was no procedural error in sentencing defendant as an armed career criminal; the district court did not abuse its considerable discretion in sentencing defendant to 188 months imprisonment; and defendant's sentence, which fell at the bottom of the guideline range and only eight months above the mandatory minimum, did not violate the Eighth Amendment's prohibition against cruel and unusual punishment. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Criminal law and sentencing. Evidence was sufficient to support defendant's conviction for being a felon in possession of a firearm; district court did not err in classifying defendant's Missouri conviction for second-degree domestic assault as a violent felony under the Armed Career Criminal Act as the unobjected-to facts of the Presentence Report established that the conviction was for violation of Mo. Rev. Stat. Sec. 565.073.1(1), which qualifies as a violent felony; sentence was not unreasonable, and the mandatory minimum provision of the Act does not violate the Eighth Amendment; additional 8 months the court imposed over the mandatory minimum did not violate the Eighth Amendment.
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