United States Eighth Circuit

Conviction for firearms possession is affirmed where: 1) defendant's right to possess arms had never been restored under Minnesota law after his previous conviction and thus his civil rights had never been restored with respect to his 1982, 1984, 1988 and 1989 convictions, and those convictions constituted predicate offenses under the Armed Career Criminal Act; and 2) district court did not err in sentencing defendant as an armed career criminal subject to a mandatory minimum 15-year sentence as his conviction for third-degree burglary qualified as a predicate violent felony.

Appellate Information

• Decided 04/09/2009
• Published 04/09/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Craig Somo Hunter, argued, Duluth, MN, for appellant.


• For Appellees:
  
• Nathan Paul Petterson, AUSA, argued, Minneapolis, MN, for appellee.