United States v. Hoxworth, No. 19-1562 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm after he brandished a stolen rifle in a stranger's backyard. The court concluded that, even if justification can serve as a defense to a felon-in-possession charge, the facts in this case do not support a justification for possessing the rifle at issue. The court reversed defendant's sentence and remanded for resentencing where the government concedes that defendant's Texas conviction for aggravated-assault did not qualify as a violent felony for purposes of the Armed Career Criminal Act.
Court Description: [Stras, Author, with Smith, Chief Judge, and Colloton, Circuit Judge] Criminal case - Criminal law and sentencing. Even if justification can serve as a defense to a charge of being a felon-in-possession of a firearm, the facts here did not support the defense, and the district court did not err in refusing to give a justification instruction to the jury; the government concedes that defendant's Texas conviction for aggravated-assault did not qualify as a violent felony for purposes of the Armed Career Criminal Act, and defendant's 180-month sentence is vacated, and the matter is remanded for resentencing. Judge Colloton, concurring in part.
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