United States v. Pettis, No. 16-3988 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit vacated defendant's sentence and remanded for resentencing under the Armed Career Criminal Act (ACCA) after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's prior conviction under Minnesota law for simple robbery qualified as a violent felony for ACCA purposes because it required proof of the use, attempted use or threatened use of violent force. In this case, defendant had three simple robbery convictions and was subject to the enhanced sentence under the ACCA.
Court Description: Gruender, Author, with Loken and Benton, Circuit Judges] Criminal case - Sentencing. Defendant's Minnesota simple robbery conviction qualifies as a violent felony for ACCA purposes as it requires proof of the use, attempted use or threatened use of violent force; as defendant had three simple robbery convictions, as well as a conviction for aggravated robbery, he was subject to an enhanced sentence as an armed career criminal; defendant's non-ACCA sentence is vacated, and the matter is remanded for resentencing.
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