United States v. Jackson-Bey, No. 18-3545 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm. The court held that defendant's contention that his three prior Minnesota robbery convictions did not qualify as violent felonies under the Armed Career Criminal Act is foreclosed by Eighth Circuit decisions issued while his appeal was pending. The court also held that defendant's challenge to his conviction, contending that his indictment violated his due process rights, falls within the scope of the appeal waiver in his knowing and voluntary plea agreement, and no miscarriage of justice would result from enforcing the waiver.
Court Description: [Loken, Author, with Benton and Kelly, Circuit Judges Criminal case - Sentencing. Defendant's argument that his three prior Minnesota robbery convictions did not qualify as violent felonies under the Armed Career Criminal Act is foreclosed by cases decided while his appeal was pending - see Taylor v. U.S., 926 F.3d 939 (8th Cir. 2019) and U.S. v. Robinson, 925 F.3d 997 (8th Cir. 2019); defendant's pro se challenge to the indictment is within the scope of his appeal waiver and the claim would not be considered.
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