United States v. Kemp, No. 17-3098 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed defendant's resentence on both an Armed Career Criminal Act (ACCA) conviction and his drug trafficking conviction. The court held that, although the district court committed procedural err by using the 2013 Sentencing Guidelines on resentencing, the error was harmless. In this case, the district court repeatedly stated the sentence would be the same whether he sentenced on the vacated count or both counts.