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Legal Opinion

United States v. Jonathon Lee Kinney

Court of Appeals for the Eighth Circuit

Decided April 23, 2018No. 16-3764PublishedCited by 6 opinions

1Opinion of the Court

SHEPHERD, Circuit Judge.

Jonathon Kinney pled guilty to one count of possession of a firearm by a convicted felon and one count of possession of ammunition by a convicted felon, both in violation of 18 U.S.C. §§ 922 (g)(1), 924(a)(2), and 924(e). Pursuant to 18 U.S.C. § 924 (e)(1) and 924(e)(2)(B)(ii) of the Armed Career Criminal Act (ACCA), the district court sentenced Kinney as an armed career criminal based on four previous convictions for accomplice to burglary under North Dakota law. Because we find that the North Dakota statute of conviction is indivisible and criminalizes more than the…

2Cases cited8 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Mathis v. United StatesSupreme Court of the United States · 2016
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. United States v. Charles Naylor, IICourt of Appeals for the Eighth Circuit · 2018

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3Cited by6 opinions

  1. Adam Winarske v. United StatesCourt of Appeals for the Eighth Circuit · 2019
  2. Shawn Sorensen v. United StatesCourt of Appeals for the Eighth Circuit · 2025
  3. Jamie Nilsen v. United StatesCourt of Appeals for the Eighth Circuit · 2018
  4. United States v. Jerry Bennett, Jr.Court of Appeals for the Eighth Circuit · 2020
  5. United States v. Scott PittsCourt of Appeals for the Eighth Circuit · 2018

1 more not listed; retrieve them via the Exa API.

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