United States v. Robinson

The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of unlawful possession of a firearm as a previously convicted felon. The court held that defendant's prior conviction for first degree aggravated robbery under Minnesota Statutes 609.245 was a crime of violence under the sentencing guidelines, resulting in a base offense level of 20.The Supreme Court's decision in Stokeling v. United States, 139 S. Ct. 544 (2019), held that the term "physical force" in 18 U.S.C. 924(e)(2)(B)(i) includes the amount of force necessary to overcome a victim's resistance. The court held that Stokeling reinforced its precedent and was consistent with United States v. Libby, 880 F.3d 1011 (8th Cir. 2018), which concluded that first degree aggravated robbery in Minnesota has as an element a threatened use of violent force. View "United States v. Robinson" on Justia Law