U.S. Court of Appeals for the Eighth Circuit, 2009

United States v. Anthony Perkins

United States v. Anthony Perkins
U.S. Court of Appeals for the Eighth Circuit · Decided March 10, 2009 · Melloy, Beam, Gruender
313 F. App'x 923

United States v. Anthony Perkins

Opinion

PER CURIAM.

The appellant in this ease was sentenced as an armed career criminal. While it appears Mr. Perkins may have two qualifying offenses for armed career criminal status, that is, two robbery convictions, the third qualifying predicate is for auto tampering. Our court has now determined that auto tampering is not a crime of violence for purposes of armed career offender status. See United States v. Williams, 537 F.3d 969 (8th Cir. 2008).

Accordingly, the sentence is reversed and the matter remanded for resentencing in accordance with Williams.

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