Opinion
No. 17-2540
12-21-2018
Avery Glass Petitioner - Appellant v. United States of America Respondent - Appellee
Appeal from United States District Court for the Western District of Missouri - Springfield [Unpublished] Before KELLY, GRASZ, and STRAS, Circuit Judges. PER CURIAM.
Avery Glass appeals after the district court 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, 135 S. Ct. 2551 (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.
The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri. --------