United States v. Pendleton, No. 17-1527 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed defendant's conviction and sentence of unlawful possession of a firearm as a previously convicted felon. The court held that the district court did not err by admitting the testimony of a witness that she saw defendant carrying a handgun before the search because it was relevant and the jury could determine how much weight to give the testimony. The court also held that defendant's prior convictions for Minnesota second degree assault qualified as violent felonies under the Armed Career Criminal Act; the ACCA's force clause was not unconstitutionally vague; and the district court did not err in finding that defendant was an armed career criminal.