UNITED STATES v. NASH (2020)

[Unpublished]

Jerome Nash appeals after he pleaded guilty to unlawfully possessing a firearm as a felon. The district court ¹ sentenced him under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), to 180 months in prison. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), challenging the determination that Nash’s prior second-degree robbery convictions qualified as ACCA predicate offenses.

After careful de novo review, we conclude that the district court did not err in concluding that Nash’s prior Missouri second-degree robbery convictions qualified as ACCA predicate offenses. This court previously has determined that a conviction under Missouri’s second-degree robbery statute categorically qualifies as an ACCA predicate offense. See United States v. Swopes, 886 F.3d 668, 671 (8th Cir. 2018) (en banc), cert. denied, ––– U.S. ––––, 139 S. Ct. 1258, 203 L.Ed.2d 281 (2019); see also United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010).

Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and affirm the judgment of the district court.

FOOTNOTES

1.   The Honorable Ronnie L. White, United States District Judge for the Eastern District of Missouri.

PER CURIAM.