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United States Court of Appeals, Eighth Circuit.

Avery GLASS, Petitioner-Appellant v. UNITED STATES of America, Respondent-Appellee

No. 17-2540

Decided: December 21, 2018

Before KELLY, GRASZ, and STRAS, Circuit Judges. Avery Glass, White Deer, PA, pro se. Christopher Swiecicki, Chesterfield, MO, for Petitioner-Appellant. James J. Kelleher, U.S. Attorney's Office, Springfield, MO, for Respondent-Appellee.


Avery Glass appeals after the district court 1 denied his 28 U.S.C. § 2255 motion, in which he challenged his sentence under the Armed Career Criminal Act (ACCA), arguing that his prior Missouri conviction for second-degree robbery no longer qualified as an ACCA predicate offense, after Johnson v. United States, ––– U.S. ––––, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). In light of a recent decision by this court en banc, we conclude that Glass's argument is foreclosed. See United States v. Swopes, 886 F.3d 668, 670-72 (8th Cir. 2018) (en banc) (concluding that Missouri conviction for second-degree robbery qualifies as ACCA predicate offense), as corrected (Mar. 29, 2018), pet. for cert. filed (U.S. Aug. 30, 2018) (No. 18-5838). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Glass's motion for a stay.


1.   The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri.


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