United States Eighth Circuit

Sentence for firearms possession is remanded for resentencing where this court decided in U.S. v. Williams that a conviction for motor vehicle theft is not a violent felony, making defendant's mandatory minimum sentence for three prior violent felony convictions in error. On remand, the district court may consider a prior conviction for making a terroristic threat under Minn. law, as it is a violent felony within the meaning of 18 U.S.C. Sec. 924(e).

Appellate Information

• Decided 03/17/2009
• Published 03/17/2009

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Manvir Kaur Atwal, AFPD, argued, Minneapolis, MN, for Appellant.


• For Appellees:
  
• Lisa D. Kirkpatrick, AUSA, argued, Minneapolis, MN, for appellee.