United States v. Sims, No. 16-1233 (8th Cir. 2017)
Annotate this CaseDefendant appealed his conviction after pleading guilty to being a felon in possession of a firearm. The district court imposed a sentencing enhancement pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1), based on defendant's two prior Arkansas residential burglary convictions. The court concluded that the Arkansas residential burglary convictions did not qualify as ACCA predicate felonies because Arkansas residential burglary categorically sweeps more broadly than generic burglary. Accordingly, the court vacated the sentence and remanded for resentencing.
Court Description: Gruender, Author, with Riley, Circuit Judge, and Schreier, District Judge] Criminal case - Sentencing. Defendant's Arkansas residential burglary convictions do not qualify as predicate offenses for sentencing under the Armed Career Criminal Act as the statute categorically sweeps more broadly than generic burglary; reversed and remanded for resentencing.
The court issued a subsequent related opinion or order on August 13, 2019.
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