United States v. Brown, No. 13-1590 (8th Cir. 2015)Annotate this Case
Brown pled guilty as a felon possessing a firearm, 18 U.S.C. 922(g). The district court sentenced him under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), to 180 months’ imprisonment, finding that Brown had three predicate convictions, including possession of a short-barreled shotgun. In 2013 the Eighth Circuit affirmed, agreeing that the shotgun conviction was a violent felony under the ACCA’s “residual clause,” which provides that crime is a violent felony if it “otherwise involves conduct that presents a serious potential risk of physical injury to another. The Supreme Court vacated and remanded for reconsideration in light of its 2015 decision, Johnson v. United States, which struck down the residual clause as unconstitutionally vague. The Eighth Circuit vacated and remanded for resentencing.
This opinion or order relates to an opinion or order originally issued on October 30, 2013.