Robinett v. United States, No. 16-3057 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's conclusion that petitioner had at least three qualifying prior convictions under the Armed Career Criminal Act (ACCA). The court held that defendant's prior conviction for Missouri second-degree robbery was a crime of violence under the force clause, United States v. Swopes, No. 16-1797 (8th Cir. Mar. 29, 2018). Therefore, defendant had three previous qualifying violent felony convictions and defendant's 15 year sentence was not imposed in violation of the Constitution or in excess of the maximum authorized by law.
Court Description: Colloton, Author, with Benton and Kelly, Circuit Judges] Prisoner case - habeas. Missouri second-degree robbery is a crime of violence under the force clause, see United States v. Swopes, No. 16-1797 (8th Cir. Mar. 29, 2018), and with Robinett's two Missouri assault convictions, he had sustained three previous qualifying violent felon convictions; as a result, his fifteen-year sentence under the Armed Career Criminal Act was not imposed in violation of the Constitution or in excess of the maximum sentence authorized by law.
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