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United States v. Middaugh

United States Court of Appeals For the Eighth Circuit
Mar 2, 2021
No. 19-3792 (8th Cir. Mar. 2, 2021)

Opinion

No. 19-3792

03-02-2021

United States of America Plaintiff - Appellee v. Gregory P. Middaugh Defendant - Appellant


Appeal from United States District Court for the Western District of Missouri - Kansas City [Unpublished] Before LOKEN, COLLOTON, and KOBES, Circuit Judges. PER CURIAM.

Gregory Middaugh appeals the sentence imposed by the district court after he pleaded guilty to a firearm offense, and was classified as an armed career criminal under the Armed Career Criminal Act (ACCA). His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging Middaugh's classification as an armed career criminal. Middaugh has filed a pro se brief.

The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri. --------

Upon careful review, we conclude that the district court did not err in classifying Middaugh as an armed career criminal. See United States v. Shockley, 816 F.3d 1058, 1062 (8th Cir. 2016) (standard of review). Specifically, we find that Middaugh's convictions for Missouri second-degree assault and assault of a corrections employee constitute violent felonies for the purposes of the ACCA, see United States v. Ramey, 880 F.3d 447, 448-49 (8th Cir. 2018); United States v. Irons, 849 F.3d 743, 748-49 (8th Cir. 2017); and that treatment of his second-degree robbery conviction as a violent felony violates neither the ex post facto clause nor his due process rights, see United States v. Dunlap, 936 F.3d 821, 823-24 (8th Cir. 2019).

As to Middaugh's pro se arguments, we conclude that the indictment did not preclude the district court from applying the ACCA at sentencing. See United States v. Sohn, 567 F.3d 392 (8th Cir. 2009).

We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we affirm the judgment, and we grant counsel's motion to withdraw.


Summaries of

United States v. Middaugh

United States Court of Appeals For the Eighth Circuit
Mar 2, 2021
No. 19-3792 (8th Cir. Mar. 2, 2021)
Case details for

United States v. Middaugh

Case Details

Full title:United States of America Plaintiff - Appellee v. Gregory P. Middaugh…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Mar 2, 2021

Citations

No. 19-3792 (8th Cir. Mar. 2, 2021)