United States v. Langston, No. 14-1073 (8th Cir. 2015)
Annotate this CaseDefendant appealed his sentence of 180 months, the mandatory minimum under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1), after pleading guilty to illegally possessing a firearm. Applying the categorical approach, the court concluded that, by the plain language of the Iowa Code, defendant's terrorism conviction was a violent felony requiring the use of force, threat, or intimidation, and was, therefore, a violent felony under ACCA, which applies when a defendant has three prior convictions for violent felonies or serious drug offenses. Defendant's conviction of going armed with intent under Iowa Code section 708.8 was also a predicate violent felony where under ACCA’s residual clause. There was no Sixth Amendment violation under Alleyne v. United States; the challenged enhancement was based solely on defendant's prior conviction and fell under the recidivism exception to the jury presentation requirement.. On remand for reconsideration in light of Johnson v. United States, (2015), the Eighth Circuit again affirmed the sentence, but subsequently granted rehearing and vacated.. In light of Johnson, Langston’s going-armed-with-intent conviction is not a qualifying violent felony, nor is Langston’s theft conviction.
Court Description: Per Curiam - Before Murphy, Melloy and Benton, Circuit Judges] Criminal case - Criminal case. The court grants defendant's petition for rehearing by panel and vacates its August 6, 2015 opinion - see United States v. Langston, 2015 WL 4646854 (8th Cir. August 6, 2015)(per curiam). In light of Johnson v. United States, 135 S.Ct, 2551 (2015), neither defendant's going-armed-with-intent nor his theft convictions are qualifying violent felonies, and the district court erred in sentencing him as an armed career criminal; remanded for resentencing.
This opinion or order relates to an opinion or order originally issued on November 19, 2014.
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