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United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff-Appellee v. Jerrell HENDERSON Defendant-Appellant

No. 17-2733

Decided: December 03, 2018

Before SMITH, Chief Judge, LOKEN and GRUENDER, Circuit Judges. Jeffrey S. Paulsen, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN, for Plaintiff-Appellee Manvir Kaur Atwal, Assistant Federal Public Defender, Federal Public Defender's Office, Minneapolis, MN, for Defendant-Appellant Jerrell Henderson, Pro Se


Jerrell Henderson pleaded guilty to being a felon in possession of a firearm and was sentenced to 72 months’ imprisonment. On appeal, Henderson argues that the district court 1 procedurally erred in classifying his Minnesota conviction for first-degree aggravated robbery 2 as a “crime of violence.” See U.S.S.G. § 4B1.2(a)(1).

“The term ‘crime of violence’ means any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that ․ has as an element the use, attempted use, or threatened use of physical force against the person of another․” Id. This subparagraph is known “as the ‘force clause.’ ” United States v. Schneider, 905 F.3d 1088, 1090 (8th Cir. 2018). “Based on their nearly identical definitions, we construe ‘violent felony’ under 18 U.S.C. § 924(e)(2)(B)(ii) (the Armed Career Criminal Act) and ‘crime of violence’ under the Guidelines as interchangeable, including the corresponding force clauses and residual clauses.” United States v. Boose, 739 F.3d 1185, 1187 n.1 (8th Cir. 2014).

We have held that “simple robbery in Minnesota—and as a result, first degree aggravated robbery—qualifies as a predicate offense under the ACCA.” United States v. Libby, 880 F.3d 1011, 1015–16 (8th Cir. 2018). Therefore, it follows that first-degree aggravated robbery in Minnesota constitutes a crime of violence under the Guidelines. See Boose, 739 F.3d at 1187 n.1.

Accordingly, we affirm the judgment of the district court.


1.   The Honorable John R. Tunheim, Chief Judge of the United States District Court for the District of Minnesota.

2.   Minn. Stat. § 609.245, subd. 1.


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