United States v. Phillips, No. 15-1712 (8th Cir. 2016)
Annotate this CaseDefendant pled guilty to being a felon in possession of a firearm. The court rejected defendant's claim that his civil right to possess a firearm was restored by an amendment to the Missouri Constitution where the Supreme Court of Missouri has held to the contrary under State v. Clay. Further, the district court properly concluded that defendant's two second-degree domestic assault and second-degree burglary convictions qualified as predicate felonies under 18 U.S.C. 924(e). Therefore, the district court properly found defendant to be an armed career criminal. Accordingly, the court affirmed the judgment.
Court Description: Benton, Author, with Chief Judge Riley and Loken, Circuit Judges] Criminal Case - conviction. Contrary to Phillips argument, his civil right to bear arms was not restored by an Amendment to the Missouri Constitution. Using the modified categorical approach, two of Phillips?s second-degree domestic assault convictions and his second-degree burglary conviction qualified as violent felonies, and thus he was properly found to be an armed career criminal.
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