United States v. Myers, No. 17-2415 (8th Cir. 2018)
Annotate this CaseThe 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.
Court Description: Benton, Author, with Loken and Benton, Circuit Judges] Criminal case - Sentencing. Defendant's Arkansas conviction for first-degree terroristic threatening was a violent felony for Armed Career Criminal Act sentencing; a review of the permissible materials show defendant was convicted of threatening to kill his girlfriend while holding a knife to her throat; defendant's Arkansas conviction for second-degree battery was also properly counted as a violent felony. [ July 20, 2018
The court issued a subsequent related opinion or order on July 2, 2019.
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