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832 F.3d 876

Docket No: 14-2396

United States v. Mathis

Eighth Circuit Court of Appeals

Decided August 10, 2016

Eighth Circuit Court of Appeals · decided 2016-08-10

Cited by 1 later decisions — most recently December 2018

1 federal appellate ·

3 counsel of record

Relies on 195 L. Ed. 2d 604 - Mathis v. United States · United States v. Mathis

Good law ✅— No negative treatment on recordhow we know

Decided 2016-08-10

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¶1Andrew H. Kahl, Marc Krickbaum, Maureen McGuire, Assistant U.S. Attorneys, U.S. Attorney’s Office, Des Moines, IA, John D. Keller, for Plaintiff-Appellee.

¶2Richard Mathis, Oxford, WI, Pro Se.

¶3John P. Messina, Assistant Federal Public Defender, Federal Public Defender’s Office, Southern District of Iowa, Des Moines, IA, for Defendant-Appellant.

¶4Before LOKEN and SMITH, Circuit Judges.

¶5JUDGMENT

¶6On June 23, 2016, the Supreme Court of the United States reversed the judgment of this court in United States v. Mathis, 786 F.3d 1068 (8th Cir. 2015) (“Mathis I”), holding that “[bjecause the elements of Iowa’s burglary law are broader than those of generic burglary, Mathis’s convictions under that law cannot give rise to an ACCA [ (Armed Career Criminal Act) ] sentence.” Mathis v. United States, — U.S. -, 136 S.Ct. 2243, 195 L.Ed.2d 604 (2016). Based on the Supreme Court’s action, we vacate Section II.A. of our opinion, reverse the district court’s ’ finding that Mathis has the requisite predicate “violent felonies” to be categorized as an armed career criminal under the ACCA, and remand for resentencing. For the reasons set forth in Section II.B. of our opinion, we affirm the district court in all other respects. See Mathis I, 786 F.3d at 1075-76.

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