United States v. Hudson, No. 15-3744 (8th Cir. 2017)
Annotate this CaseDefendant appealed his sentence after pleading guilty to unlawful possession of a firearm as a previously convicted felon. The court held that United States v. Pulliam is controlling law and rejected defendant's argument to the contrary. In Pulliam, this court held that a conviction for unlawful use of a firearm under Mo. Rev. Stat. 571.030 is a "violent felony" under the force clause of USSG 4B1.2(a)(1) for purposes of the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). Accordingly, the court affirmed the judgment.
Court Description: Colloton, Author, Melloy and Shepherd, Circuit Judges] Criminal case - Sentencing. This court's decision in U.S. v. Pulliam, 566 F.3d 784 (8th Cir. 2009) is still controlling law, and the district court correctly determined that defendant's conviction for unlawful use of a firearm under Mo. Rev. Stat. Sec. 571.030.1(4) is a crime of violence under the force clause of Guidelines Sec. 4B1.2(a)(1).
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