United States v. Pryor, No. 18-2627 (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 held that defendant's prior Missouri conviction for unlawful use of a weapon qualified as a violent felony under the Armed Career Criminal Act, 18 U.S.C. 924(e)(2)(B)(i), because it involved the use, attempted use, or threatened use of physical force against the person of another.
The court also held that defendant's prior Missouri conviction for first degree assault also qualified as a violent felony and, absent en banc review, the court was bound by United States v. Winston, 845 F.3d 876, 878 (8th Cir. 2017), and United States v. Minnis, 872 F.3d 889, 891 (8th Cir. 2017), cert. denied, 138 S. Ct. 1581 (2018).
Court Description: Beam, Author, with Colloton and Shepherd, Circuit Judges] Criminal Case - Armed Career Criminal Act. Applying circuit precedent, district court sentenced Pryor as armed career criminal based on two Missouri convictions -- for unlawful use of a weapon and first degree assault. This court has plainly held and reaffirmed that Missouri's crime of unlawful use of weapon meets the statutory definition of violent felony. The Missouri conviction for first-degree assault has likewise been addressed and reaffirmed that it qualifies as a violent felony. Absent en banc review, the court is bound by the binding precedent.
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