United States v. Wadena, No. 17-2131 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's decision to sentence defendant under the Armed Career Criminal Act (ACCA) after he pleaded guilty to one count of being a felon in possession of a firearm. The court held that defendant's two prior third degree assault convictions in violation of Minn. Stat. 609.223, subdiv. 1, qualified as violent felonies under the ACCA. The court also held that defendant's prior conviction for a Minnesota controlled substances offense in violation of Minn. Stat. Sec. 154.024, subdiv. 2(2), was a serious drug offense under the Act. Therefore, defendant had three qualifying felony convictions and was properly sentenced as an armed career criminal.
Court Description: Per Curiam - Before Colloton, Arnold and Shepherd, Circuit Judges] Criminal case - Sentencing. Defendant's convictions for third-degree assault in violation of Minn. Stat. Sec. 609.223,subdiv 1 were violent felonies for purposes of sentencing under the Armed Career Criminal Act; defendant's conviction for a Minnesota controlled substances offense in violation of Minn. Stat. Sec. 154.024, subdiv. 2(2) was a serious drug offense under 18 U.S.C. Sec. 924(e)(2)(A)(ii).
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