Avery Glass v. United States, No. 17-2540 (8th Cir. 2018)

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Court Description: Per Curiam - Before Kelly, Grasz, and Stras, Circuit Judges] Prisoner case - Prisoner habeas. Glass's Missouri conviction for second degree robbery qualified as an ACCA predicate offense and the district court did not err in denying his habeas motion.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2540 ___________________________ Avery Glass lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: December 5, 2018 Filed: December 21, 2018 [Unpublished] ____________ Before KELLY, GRASZ, and STRAS, Circuit Judges. ____________ PER CURIAM. Avery Glass appeals after the district court1 denied his 28 U.S.C. § 2255 motion, in which he challenged his sentence under the Armed Career Criminal Act 1 The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri. (ACCA), arguing that his prior Missouri conviction for second-degree robbery no longer qualified as an ACCA predicate offense, after Johnson v. United States, 135 S. Ct. 2551 (2015). In light of a recent decision by this court en banc, we conclude that Glass’s argument is foreclosed. See United States v. Swopes, 886 F.3d 668, 67072 (8th Cir. 2018) (en banc) (concluding that Missouri conviction for second-degree robbery qualifies as ACCA predicate offense), as corrected (Mar. 29, 2018), pet. for cert. filed (U.S. Aug. 30, 2018) (No. 18-5838). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Glass’s motion for a stay. ______________________________ -2-

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