Levering v. United States

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The Eighth Circuit affirmed petitioner's new sentence after the district court vacated his original sentence under 28 U.S.C. 2255 and again applied an enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). The court held that petitioner's two prior Iowa assault convictions were committed on occasions different from one another and qualified as separate predicate offenses under section 924(e). Therefore, the district court properly enhanced petitioner's sentence under the ACCA and the corresponding sentencing guideline. The court also held that defendant's sentence was substantively reasonable where the district court had wide latitude in deciding how to weigh the relevant 18 U.S.C. 3553(a) factors and the district court did not abuse its discretion in sentencing defendant. View "Levering v. United States" on Justia Law