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United States v. Jerrell Henderson, 17-2733 (2018)

Court: Court of Appeals for the Eighth Circuit Number: 17-2733 Visitors: 24
Filed: Dec. 03, 2018
Latest Update: Mar. 03, 2020
Summary: 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States District Court for the District of Minnesota - St. Paul _ Submitted: October 15, 2018 Filed: December 3, 2018 [Unpublished] _ Before SMITH, Chief Judge, LOKEN and GRUENDER, Circuit Judges.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
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                  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                                  [Unpublished]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.


                                            -2-

Source:  CourtListener

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