United States v. Dittmar, No. 17-1850 (8th Cir. 2018)Annotate this Case
The Eighth Circuit vacated defendant's sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that the Iowa court minutes of evidence were not permissible Shepard documents if the defendant has not confirmed their accuracy in a plea agreement or during plea colloquy. In this case, the district court improperly used them to apply the modified categorical approach to determine whether defendant had the three necessary predicate convictions under the Armed Career Criminal Act. Accordingly, the court remanded for resentencing.