United States v. Gammell, No. 18-2211 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of conspiracy to cause intentional damage to a protected computer, and to two counts of being a felon in possession of a firearm. The court held that the district court appropriately considered defendant's prior Minnesota aggravated robbery convictions as violent felonies under the Armed Career Criminal Act. Furthermore, defendant's Minnesota aiding and abetting second-degree burglary conviction were violent felonies under this circuit's precedents. The court also held that the voluminous and detailed evidence provided a legally sufficient basis for the district court to determine the appropriate amount of restitution. Therefore, the district court did not err by awarding $955,656 in restitution.
Court Description: Shepherd, Author, with Erickson and Kobes, Circuit Judges] Criminal case - Sentencing. No error in determining defendant was an Armed Career Criminal as his Minnesota aggravated robbery convictions and his Minnesota aiding and abetting second-degree burglary conviction were violent felonies under this Circuit's precedents; award of $955,656 in restitution to the victims of defendant's attacks on protected computers affirmed. Judge Kobes, concurring in part and concurring in the judgment.
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