United States Eighth Circuit

Conviction for firearms possession is affirmed where: 1) district court did not err in determining defendant's prior Arkansas felony conviction qualified as a predicate offense under 18 U.S.C. sec. 922(g)(1); and 2) preponderance of the evidence was the correct standard for determining that defendant had three predicate violent felonies for purposes of 18 U.S.C. sec. 924(e). Sentence is vacated and remanded where: 1) defendant's prior Arizona conviction for conspiring to commit auto theft does not constitute a predicate violent felony; and 2) further proceedings are necessary as to whether defendant's prior Arizona conviction for exhibiting a deadly weapon qualified as a predicate violent felony.

Appellate Information

• Decided 03/16/2009
• Published 03/16/2009

Judges

• MELLOY, Circuit Judge., Before MELLOY, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David R. Mercer, Asst. Fed. Public Defender, Springfield, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• James J. Kelleher, Asst. U.S. Atty., Springfield, MO, argued (John F. Wood, U.S. Atty., Kansas City, MO, on the brief), for appellee.