United States Eighth Circuit
US v. Rush, 07-3054
A sentence for being a felon in possession of a firearm is vacated and remanded where defendant's prior conviction for taking and driving a vehicle without consent is not a violent felony under the Armed Career Criminal Act (ACCA), and the circuit court could not determine from the record which offense he committed under the Virginia grand larceny statute.
Appellate Information
- Decided 12/24/2008
- Published 12/24/2008
Judges
- PER CURIAM., Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Kevin C. Cornwell, Duluth, MN, for appellant.
- For Appellees:
- Michael A. Dees, AUSA, Minneapolis, MN, for appellee.