Seab Nolen v. United States, No. 17-1988 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Smith, Chief Judge, and Benton and Stras, Circuit Judges] Criminal case - Criminal law. A conviction for unlawful use of a weapon in violation of Missouri Rev. Stat. Sec. 571.030.1(4) is a conviction for a violent felony under 18 U.S.C. Sec. 924(e), and the district court did not err in sentencing defendant as an Armed Career Criminal.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1988 ___________________________ Seab Nolen lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: February 11, 2019 Filed: April 30, 2019 [Unpublished] ____________ Before SMITH, Chief Judge, BENTON and STRAS, Circuit Judges. ____________ PER CURIAM. Seab A. Nolen pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). The district court1 sentenced him 1 The Honorable Beth Phillips, Chief Judge, United States District Court for the Western District of Missouri. as an armed career criminal to 192 months’ imprisonment. He appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. The Armed Career Criminal Act enhances sentences for defendants who possess firearms after three convictions for a “violent felony or a serious drug offense.” 18 U.S.C. § 924(e)(1). The term “violent felony” is defined, in part, as a crime “punishable by imprisonment for a term exceeding one year” that “has as an element the use, attempted use, or threatened use of physical force against the person of another.” 18 U.S.C. § 924(e)(2)(B)(i). Nolen was convicted of unlawfully using a weapon in violation of § 571.030.1(4) RSMo for “knowingly exhibiting, in the presence of one or more persons, in an angry or threatening manner, a weapon readily capable of lethal use.” He contends this conviction is not a violent felony under the force clause. This court reviews the issue de novo. See Jones v. United States, 870 F.3d 750, 752 (8th Cir. 2017). Nolen’s argument is without merit. This court repeatedly has held that a “conviction for unlawful use of a weapon in Missouri” under § 571.030.1(4) RSMo is “a conviction for a violent felony under § 924(e).” United States v. Swopes, 892 F.3d 961, 962 (8th Cir. 2018). See United States v. Hudson, 851 F.3d 807, 808 (8th Cir. 2017) (holding the same). Nolen believes these decisions were wrongly decided. But this court is bound by them. See United States v. Parrow, 844 F.3d 801, 804 (8th Cir. 2016). ******* The judgment is affirmed. ______________________________ -2-
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