United States v. Myers, No. 17-2415 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed defendant's 188 month sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's prior conviction for Arkansas first-degree terroristic threatening was a violent felony for Armed Career Criminal Act sentencing, where defendant threatened to kill his girlfriend while holding a knife to her throat. The court also held that the district court properly counted defendant's prior second degree battery conviction as a violent felony under Arkansas law. Therefore, defendant had the predicate violent felonies to be sentenced as an armed career criminal.