United States v. Meux, No. 18-1416 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's three prior felony convictions under Arkansas Code 5-64-401 qualified as serious drug offenses under the Armed Career Criminal Act (ACCA). Although the government conceded that the version of the Arkansas statute in effect at the time of defendant's convictions was overbroad, the statute was divisible where defendant was convicted under subsection (a), which criminalizes manufacturing, delivering, or possessing with intent to deliver controlled substances. Therefore, the district court did not commit error, plain or otherwise, in sentencing defendant under the ACCA.
Court Description: Per Curiam. Before Benton, Melloy, and Kelly, Circuit Judges] Criminal Case - Armed Career Criminal Act. Prior convictions under Ark. Code sec. 5-64-401 qualify as serious drug offenses because, although the statute is overbroad, it is nonetheless divisible because section 5-64-401(a) carries its own punishment and Meux was convicted of delivering and possessing with intent to deliver controlled substances under section 5-54-401(a). Applying plain error review, applying Guidelines sections 4B1.4(b)(3)(A) and (c)(2) for using or possessing a firearm in connection with a crime of violence was not error based on Meux's conduct.
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