United States v. Jerrell Henderson

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 3, 2018
• Docket: 17-2733
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-2733 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Jerrell Henderson

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of Minnesota - St. Paul ____________

Submitted: October 15, 2018 Filed: December 3, 2018 [Unpublished] ____________

Before SMITH, Chief Judge, LOKEN and GRUENDER, Circuit Judges. ____________

PER CURIAM.

Jerrell Henderson pleaded guilty to being a felon in possession of a firearm and was sentenced to 72 months’ imprisonment. On appeal, Henderson argues that the district court1 procedurally erred in classifying his Minnesota conviction for first- degree aggravated robbery2 as a “crime of violence.” See U.S.S.G. § 4B1.2(a)(1).

“The term ‘crime of violence’ means any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that . . . has as an element the use, attempted use, or threatened use of physical force against the person of another . . . .” Id. This subparagraph is known “as the ‘force clause.’” United States v. Schneider, 905 F.3d 1088, 1090 (8th Cir. 2018). “Based on their nearly identical definitions, we construe ‘violent felony’ under 18 U.S.C. § 924(e)(2)(B)(ii) (the Armed Career Criminal Act) and ‘crime of violence’ under the Guidelines as interchangeable, including the corresponding force clauses and residual clauses.” United States v. Boose, 739 F.3d 1185, 1187 n.1 (8th Cir. 2014).

We have held that “simple robbery in Minnesota—and as a result, first degree aggravated robbery—qualifies as a predicate offense under the ACCA.” United States v. Libby, 880 F.3d 1011, 1015–16 (8th Cir. 2018). Therefore, it follows that first- degree aggravated robbery in Minnesota constitutes a crime of violence under the Guidelines. See Boose, 739 F.3d at 1187 n.1.

Accordingly, we affirm the judgment of the district court.

______________________________

1 The Honorable John R. Tunheim, Chief Judge of the United States District Court for the District of Minnesota. 2 Minn. Stat. § 609.245, subd. 1.

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