Brown v. Krueger

Dist. Ct. did not err in denying defendant’s section 2241 petition that challenged his 262-month term of incarceration, where said sentence was based in part on finding that defendant was eligible for enhanced sentence under Armed Career Criminal Act (ACCA). During his guilty plea hearing, defendant conceded that his prior convictions for resisting arrest, armed criminal action, weapons exhibiting, discharging firearm from vehicle, first degree vehicular tampering, first degree assault and twice selling controlled substances were either serious drug offenses or violent felonies for purposes of ACCA. However, defendant asserted that he did not qualify for ACCA enhanced treatment, since: (1) under Johnson, 576 U.S. 591, none of his prior crimes was violent felony and only his two drug convictions qualified as drug selling convictions; and (2) ACCA requires three prior predicate convictions. Ct. of Appeals, though, found that under relevant 8th Circuit case law, defendant’s weapons exhibiting conviction was violent felony under ACCA’s element clause, and that defendant therefore had requisite number of predicate convictions to support his ACCA-enhanced sentence.