United States v. Kinney, No. 16-3764 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit reversed defendant's sentence for possession of a firearm by a convicted felon and possession of ammunition by a convicted felon. The court held that the North Dakota law for accomplice to burglary, which defendant was previously convicted of four times, was indivisible and criminalized more than the definition of "burglary" under federal law. Accordingly, the court remanded for resentencing.
Court Description: Shepherd, Author, with Wollman and Beam, Circuit Judges] Criminal case - Sentencing. Defendant's North Dakota convictions for accomplice to burglary in violation of N.D. Cent. Code Section 12.1-22-02 (1999) did not qualify as predicate felonies for purposes of sentencing under the Armed Career Criminal Act, and defendant's sentence is vacated and the matter is remanded for resentencing.
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