United States v. Brown, No. 13-1590 (8th Cir. 2013)Annotate this Case
Defendant appealed his sentence after pleading guilty to being a felon in possession of a firearm in violation of 18 U.S.C. 922(g). The court concluded that possession of a short-barreled shotgun presented a serious potential risk of physical injury to others and was similar, in kind as well as degree of risk posed, to the offenses listed in the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(2)(B)(ii). Therefore, the court concluded that the district court properly ruled that defendant's conviction was an ACCA-qualifying felony. Further, the district court properly rejected defendant's contention that the residual clause of section 924(e)(2)(B)(ii) was unconstitutionally vague where the Supreme Court has rejected this argument twice in recent years. Accordingly, the court affirmed the judgment of the district court.
The court issued a subsequent related opinion or order on August 7, 2015.