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Avery Glass v. United States, 17-2540 (2018)

Court: Court of Appeals for the Eighth Circuit Number: 17-2540 Visitors: 6
Filed: Dec. 21, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2540 _ Avery Glass lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee _ Appeal from United States District Court for the Western District of Missouri - Springfield _ Submitted: December 5, 2018 Filed: December 21, 2018 [Unpublished] _ Before KELLY, GRASZ, and STRAS, Circuit Judges. _ PER CURIAM. Avery Glass appeals after the district court1 denied his 28 U.S.C. § 2255 mo
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                 United States Court of Appeals
                           For the Eighth Circuit
                       ___________________________

                               No. 17-2540
                       ___________________________

                                    Avery Glass

                      lllllllllllllllllllllPetitioner - Appellant

                                          v.

                            United States of America

                      lllllllllllllllllllllRespondent - Appellee
                                      ____________

                    Appeal from United States District Court
                for the Western District of Missouri - Springfield
                                 ____________

                          Submitted: December 5, 2018
                           Filed: December 21, 2018
                                 [Unpublished]
                                 ____________

Before KELLY, GRASZ, and STRAS, Circuit Judges.
                           ____________

PER CURIAM.

     Avery Glass appeals after the district court1 denied his 28 U.S.C. § 2255
motion, in which he challenged his sentence under the Armed Career Criminal Act

      1
       The Honorable Brian C. Wimes, United States District Judge for the Western
District of Missouri.
(ACCA), arguing that his prior Missouri conviction for second-degree robbery no
longer qualified as an ACCA predicate offense, after Johnson v. United States, 
135 S. Ct. 2551
(2015). In light of a recent decision by this court en banc, we conclude
that Glass’s argument is foreclosed. See United States v. Swopes, 
886 F.3d 668
, 670-
72 (8th Cir. 2018) (en banc) (concluding that Missouri conviction for second-degree
robbery qualifies as ACCA predicate offense), as corrected (Mar. 29, 2018), pet. for
cert. filed (U.S. Aug. 30, 2018) (No. 18-5838). Accordingly, we affirm. See 8th Cir.
R. 47B. We also deny Glass’s motion for a stay.
                        ______________________________




                                        -2-

Source:  CourtListener

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