United States v. Horacio Hill

Eighth Circuit

United States v. Horacio Hill

471 F. App'x 548

CourtCourt of Appeals for the Eighth Circuit

DecidedJuly 13, 2012

Docket12-1122

StatusUnpublished

This text of 471 F. App'x 548 (United States v. Horacio Hill) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Horacio Hill, 471 F. App'x 548 (8th Cir. 2012).

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Opinion

PER CURIAM.

Horacio Hill directly appeals after he pled guilty to a firearm charge, for which the district court 1 sentenced him to the mandatory fifteen-year minimum under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the court erroneously determined that Hill had at least three prior violent-felony convictions for purposes of sentencing him under the ACCA.

Upon careful de novo review, this court concludes that the district court correctly determined that Hill had at least three prior violent-felony convictions for purposes of sentencing him under the ACCA. See 18 U.S.C. § 924(e)(2)(B) (violent felony includes any crime punishable by imprisonment for term exceeding one year that has as element use, attempted use, or threatened use of physical force against person of another); Sykes v. United States, — U.S. -, 131 S.Ct. 2267, 2272-73, 180 L.Ed.2d 60 (2011) (acknowl *549 edging that attempted burglary qualifies as violent felony under ACCA); United States v. Hennecke, 590 F.3d 619, 628-24 (8th Cir.) (holding that defendant’s prior Missouri conviction for physically stealing from person qualified as violent felony under ACCA; second-degree robbery is violent felony for sentencing under ACCA), cert. denied, — U.S. -, 131 S.Ct. 78, 178 L.Ed.2d 50 (2010); see also United States v. Jones, 574 F.3d 546, 549 (8th Cir.2009) (district court’s determination that defendant’s prior conviction constituted violent felony under ACCA is reviewed de novo).

Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), this court finds no non-frivolous issues. This court grants counsel leave to withdraw, and affirms.

1

. The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.

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PER CURIAM.

Horacio Hill directly appeals after he pled guilty to a firearm charge, for which the district court 1 sentenced him to the mandatory fifteen-year minimum under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the court erroneously determined that Hill had at least three prior violent-felony convictions for purposes of sentencing him under the ACCA.

Upon careful de novo review, this court concludes that the district court correctly determined that Hill had at least three prior violent-felony convictions for purposes of sentencing him under the ACCA. See 18 U.S.C. § 924(e)(2)(B) (violent felony includes any crime punishable by imprisonment for term exceeding one year that has as element use, attempted use, or threatened use of physical force against person of another); Sykes v. United States, — U.S. -, 131 S.Ct. 2267, 2272-73, 180 L.Ed.2d 60 (2011) (acknowl *549 edging that attempted burglary qualifies as violent felony under ACCA); United States v. Hennecke, 590 F.3d 619, 628-24 (8th Cir.) (holding that defendant’s prior Missouri conviction for physically stealing from person qualified as violent felony under ACCA; second-degree robbery is violent felony for sentencing under ACCA), cert. denied, — U.S. -, 131 S.Ct. 78, 178 L.Ed.2d 50 (2010); see also United States v. Jones, 574 F.3d 546, 549 (8th Cir.2009) (district court’s determination that defendant’s prior conviction constituted violent felony under ACCA is reviewed de novo).

Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), this court finds no non-frivolous issues. This court grants counsel leave to withdraw, and affirms.

1

. The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.

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