U.S. v. Jennings

Dist. Ct. did not err in sentencing defendant to 15-year statutory minimum term of incarceration on felon in possession of firearm charge, after finding that defendant qualified as armed career criminal under Armed Career Criminal Act (ACCA) based on Minnesota convictions for simple robbery and felony domestic assault. Both offenses qualified as crimes of violence under ACCA, where: (1) under Maxwell, 823 F.3d 1057, simple robbery under Minnesota statute required proof of either intentional infliction or attempt to inflict physical pain or injury upon another or proof of act that placed person in fear of physical injury; and (2) under Yang, 799 F.3d 750, instant felony domestic assault charge required proof of intent to cause fear of immediate bodily harm or to inflict bodily harm. While defendant argued that there were hypothetical possibilities that individuals could be convicted under either offense without inflicting bodily harm, defendant failed to cite any cases that found anyone guilty of either offense that involved defendant’s hypothetical facts.