United States Eighth Circuit

Sentence enhancement under the Armed Career Criminal Act of 1984 (ACCA) based on defendant's prior convictions of violent felonies is reversed and remanded where, in light of Begay v. US, 128 S. Ct. 1581 (2008), defendant's prior felony convictions for "operating while intoxicated" (OWI) must not be considered in applying the ACCA.

Appellate Information

• Decided 05/08/2008
• Published 05/08/2008

Judges

• BOWMAN, Circuit Judge., Before RILEY, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• J. Keith Rigg, Des Moines, IA, for appellant.


• For Appellees:
  
• Richard L. Richards, AUSA, Des Moines, IA, for appellee.