Legal Opinion

United States v. Preston E. Maxwell

Court of Appeals for the Eighth Circuit

Decided April 14, 2004No. 03-2731PublishedCited by 44 opinions

1Opinion of the Court

SMITH, Circuit Judge.

Preston E. Maxwell appeals his conviction by the district court 1 for being a felon in possession of a handgun in violation of 18 U.S.C. § 922(g)(1). Maxwell argues on appeal that the district court erred by: (1) denying his motion for judgment of acquittal; (2) sentencing him as an armed career criminal; (3) not requiring the government to prove that his burglary conviction qualified as a violent crime. For the reasons set forth below, we affirm.

I. Background

On New Year’s Eve, December 31, 2001, Maxwell attended a party hosted by his girlfriend, Darlene Weaver, at her…

2Cases cited15 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Opper v. United StatesSupreme Court of the United States · 1954
  4. United States v. Lavandris JohnsonCourt of Appeals for the Eighth Circuit · 1995
  5. United States v. Louis BoykinCourt of Appeals for the Eighth Circuit · 1993

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3Cited by44 opinions

  1. United States v. Demarko S. WalkerCourt of Appeals for the Eighth Circuit · 2005
  2. United States v. Rudolph George StankoCourt of Appeals for the Eighth Circuit · 2007
  3. United States v. Robert Stanford JohnsonCourt of Appeals for the Eighth Circuit · 2007
  4. United States v. Michael W. JohnsonCourt of Appeals for the Eighth Circuit · 2005
  5. United States v. ButlerCourt of Appeals for the Eighth Circuit · 2010

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

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