Silk v. United States, No. 18-1908 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of defendant's motion to vacate his sentence under 18 U.S.C. 117 for the crime of domestic assault by a habitual offender in Indian country. The court held that defendant's prior 2013 conviction under Bismarck Municipal Court for simple assault was for an offense which, if subject to federal jurisdiction, would qualify as an assault against an intimate partner under section 117(a)(1). Consequently, defendant cannot show that he is "actually innocent" of the offense to which he pleaded guilty, and his challenge to the sentence is procedurally defaulted.
Court Description: [Colloton, Author, with Wollman and Kelly, Circuit Judges] Criminal case - Criminal law. Silk's 2013 conviction from Bismarck Municipal Court for simple assault was for an offense which, if subject to federal jurisdiction, would qualify as an assault against an intimate partner under 18 U.S.C.Sec. 117(a)(1); as a result, Silk cannot show that he is actually innocent of the offense to which he pleaded guilty - domestic assault in violation of 18 U.S.C. Sec. 117 - and his challenge to the sentence imposed in the case is procedurally defaulted.
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