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Douglas v. United States

United States Court of Appeals For the Eighth Circuit
Mar 11, 2019
No. 17-3422 (8th Cir. Mar. 11, 2019)

Summary

affirming "the district court's conclusion that [a defendant's] two prior Minnesota convictions for first-degree aggravated robbery qualified as 'violent felon[ies]' for purposes of section 924(e)" (footnote omitted)

Summary of this case from Johnson v. United States

Opinion

No. 17-3422

03-11-2019

John Joseph Douglas Petitioner - Appellant v. United States of America Respondent - Appellee


Appeal from United States District Court for the District of Minnesota - Minneapolis [Unpublished] Before BENTON, WOLLMAN, and KELLY, Circuit Judges. PER CURIAM.

John Douglas was found guilty of being a felon in possession of a firearm, and he was sentenced to 240 months in prison. His sentence was enhanced under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (felon in possession who has three prior convictions for "violent felony" shall be imprisoned not less than 15 years). Douglas later filed a 28 U.S.C. § 2255 motion challenging his sentence as an armed career criminal. The motion was denied, based in part on the district court's conclusion that Douglas's two prior Minnesota convictions for first-degree aggravated robbery qualified as "violent felon[ies]" for purposes of section 924(e). The district court then granted Douglas a certificate of appealability regarding that conclusion, and he appeals.

The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota. --------

After careful de novo review, we conclude that Douglas's prior convictions were properly classified as "violent felon[ies]." See United States v. Libby, 880 F.3d 1011, 1013, 1016 (8th Cir. 2018) (by its terms, first-degree aggravated robbery under Minnesota law minimally requires that defendant communicate threat of violent force; as such, elements of offense categorically present "violent felony"); see also United States v. Salean, 583 F.3d 1059, 1060 n.2 (8th Cir. 2009) (for purposes of determining whether prior conviction qualified as "violent felony," it was irrelevant that prior conviction was premised on aiding-and-abetting theory of liability). Accordingly, we affirm. See 8th Cir. R. 47B.


Summaries of

Douglas v. United States

United States Court of Appeals For the Eighth Circuit
Mar 11, 2019
No. 17-3422 (8th Cir. Mar. 11, 2019)

affirming "the district court's conclusion that [a defendant's] two prior Minnesota convictions for first-degree aggravated robbery qualified as 'violent felon[ies]' for purposes of section 924(e)" (footnote omitted)

Summary of this case from Johnson v. United States

rejecting argument that defendant's prior conviction for aiding and abetting first-degree aggravated robbery under Minnesota law did not qualify as a violent felony, noting that, for purposes of ACCA, it is irrelevant whether conviction is premised on aiding and abetting liability

Summary of this case from United States v. Gammell
Case details for

Douglas v. United States

Case Details

Full title:John Joseph Douglas Petitioner - Appellant v. United States of America…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Mar 11, 2019

Citations

No. 17-3422 (8th Cir. Mar. 11, 2019)

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