United States Eighth Circuit

Sentence for possession of a firearm as a convicted felon is reversed and remanded for resentencing where defendant's prior conviction for endangering the welfare of a child is not a "violent felony" within the meaning of the Armed Career Criminal Act. Defendant thus has only two prior convictions for ACCA predicate offenses and is not subject to the mandatory minimum sentence.

Appellate Information

• Decided 02/24/2009
• Published 02/24/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Susan M. Hunt, Kansas City, MO, argued, for appellant.


• For Appellees:
  
• Stefan C. Hughes, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.