United States v. Hataway, No. 18-1953 (8th Cir. 2019)
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The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court agreed with the district court that defendant's prior conviction for aggravated assault in Arkansas was categorically a violent felony under the force clause of the Armed Career Criminal Act (ACCA). The court also held that defendant's prior South Carolina conviction for pointing a firearm at another person was a violent felony.
The court also held that the district court's imposition of a special condition requiring defendant to abstain from alcohol use while undergoing substance abuse treatment was reasonable and within the district court's substantial discretion. In this case, the condition was not a total ban and was aimed at curbing addictive behavior during substance abuse treatment.
Court Description: Loken, Author, with Wollman and Stras, Circuit Judges] Criminal case - Sentencing. The district court did not err in determining defendant's prior Arkansas conviction for aggravated assault and South Carolina conviction for pointing a firearm at another person were Armed Career Criminal Act violent felonies or crimes of violence under the Guidelines; special condition in defendant's supervised release requiring him to abstain from alcohol use while undergoing substance abuse treatment was within the district court's substantial discretion to impose reasonable special conditions.
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