Cravens v. United States, No. 16-3078 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit reversed the district court's denial of post-conviction relief to petitioner. The court held that neither of petitioner's Illinois burglary nor his Missouri second-degree burglary convictions were violent felonies under the Armed Career Criminal Act. Consequently, petitioner did not have three qualifying prior convictions and was improperly sentenced as an armed career criminal. In this case, defendant's sentence of 216 months' imprisonment exceeded the statutory maximum applicable under 18 U.S.C. 924(a)(2), and thus the court remanded for resentencing.
Court Description: Colloton, Author, with Benton and Erickson, Circuit Judges] Prisoner case - habeas. Neither Cravens' Illinois burglary nor his Missouri second-degree burglary convictions are violent felonies under the Armed Career Criminal Act; as a result, he does not have three qualifying prior convictions and was improperly sentenced as an armed career criminal; his 216-month sentence exceeds the statutory maximum that should have applied under 18 U.S.C.Sec. 924(a)(2), and the matter is remanded for resentencing; the court expresses no view on what sentence the district court should impose and holds only that the record before the court fails to establish that the constitutional error at the original sentencing was harmless.
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