United States v. Boman

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The Supreme Court granted a petition for writ of certiorari, vacated the district court's judgment, and remanded for further consideration in light of Mathis v. United States, 136 S. Ct. 2243 (2016).The Eighth Circuit applied the categorical approach and held that petitioner's prior conviction for use of a firearm during the commission of a violent crime under 18 U.S.C. 924(c)(3) is not a predicate offense under the Armed Career Criminal Act. The court held that section 924(c)(3) is not divisible where a judge decides whether an underlying offense constitutes a crime of violence, and the definition of crime of violence as it is used in section 924(c)(1) is contained in a separate statutory section, section 924(c)(3). Furthermore, petitioner's substantial rights were affected. The court also held that the district court did not clearly err in applying a four-level sentencing enhancement under USSG 2K2.1(b)(6)(B). Accordingly, the court reversed and remanded. View "United States v. Boman" on Justia Law