United States v. Myers, No. 17-2415 (8th Cir. 2019)
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The Supreme Court vacated and remanded this case for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed on March 21, 2019.
The Eighth Circuit reaffirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's prior conviction for first degree terroristic threatening under Arkansas law was a violent felony under 18 U.S.C. 924(e) because it has as an element the threatened use of physical force against the person of another.
Court Description: Benton, Author, with Loken and Erickson, Circuit Judges] Criminal Case - Armed Career Criminal Act. For prior action see United States v. Myers, 896 F.3d 866 (8th Cir. 2018). On remand from the Supreme Court of the United States for further consideration, because the prior conviction for first-degree terroristic threatening (Ark. Code Ann. 5-13-301(a)(1)(A)) lists alternative elements, the statute is divisible and the modified categorical approach applies. Upon review of the permissible materials, the conviction was a violent felony under sec. 924(e) because it has an element the threatened use of physical force against the person of another.
This opinion or order relates to an opinion or order originally issued on July 23, 2018.
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