Legal Opinion

Jerry Brown v. United States

Court of Appeals for the Eighth Circuit

Decided July 3, 2019No. 17-1420PublishedCited by 9 opinions

1Opinion of the Court

STRAS, Circuit Judge.

The question in this case is whether Jerry Brown's 1977 Missouri conviction of second-degree burglary is a "violent felony" under the Armed Career Criminal Act. Because we conclude that it is not, we remand for resentencing.

I

In 2007, Brown pleaded guilty to being a felon in possession of a firearm. The district court imposed a 15-year statutory-minimum sentence under the Armed Career Criminal Act ("ACCA") because he had three previous convictions for "violent felon[ies]." 18 U.S.C. § 924(e)(1). One of them was a 1977 conviction under Missouri's since-repealed…

2Cases cited19 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. Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989

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3Cited by9 opinions

  1. Todd R. Chazen v. Matthew MarskeCourt of Appeals for the Seventh Circuit · 2019
  2. Allen Brown v. Jeffrey E. KruegerCourt of Appeals for the Seventh Circuit · 2022
  3. United States v. Maurice OwenCourt of Appeals for the Eighth Circuit · 2022
  4. United States v. Keith BlockCourt of Appeals for the Eighth Circuit · 2019
  5. Mitchell v. WardenDistrict Court, S.D. Illinois · 2019

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