United States Eighth Circuit

An enhanced sentence based on a finding that defendant was an armed career criminal is vacated and remanded where, under recent Supreme Court precedent, defendant's three DWI convictions did not qualify as violent felonies under the Armed Career Criminal Act (ACCA).

Appellate Information

• Decided 05/15/2008
• Published 05/15/2008

Judges

• BYE, Circuit Judge., Before BYE, BEAM and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul Rosenberg, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• Emily K. Nydle, Special Assistant U.S. Attorney, Des Moines, IA, appellee.