Legal Opinion

Adam Winarske v. United States

Court of Appeals for the Eighth Circuit

Decided January 14, 2019No. 17-2367PublishedCited by 14 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

Adam Joseph Winarske appeals the district court's 1 denial of his second motion to vacate his mandatory minimum fifteen-year sentence under the Armed Career Criminal Act ("ACCA"), arguing that his prior North Dakota burglary convictions are not "violent felonies" as defined in the ACCA. See 18 U.S.C. § 924 (e). Reviewing the denial of a successive motion for relief under 28 U.S.C. § 2255 de novo , we affirm.

The ACCA defines "violent felony" to include a felony that " is burglary , arson, or extortion [the 'enumerated-offenses clause'] or otherwise involves conduct that…

2Cases cited15 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Mathis v. United StatesSupreme Court of the United States · 2016
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. Welch v. United StatesSupreme Court of the United States · 2016

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3Cited by14 opinions

  1. Desmond Rouse v. United StatesCourt of Appeals for the Eighth Circuit · 2021
  2. Willie Jones, Sr. v. United StatesCourt of Appeals for the Ninth Circuit · 2022
  3. In re: Kenneth GrahamCourt of Appeals for the Fourth Circuit · 2023
  4. Avery v. United StatesSupreme Court of the United States · 2020
  5. Bowe v. United StatesSupreme Court of the United States · 2026

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

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