DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

073474P.pdf   01/28/2009  United States  v.  Timothy Whaley
   U.S. Court of Appeals Case No:  07-3474
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Chief Judge Loken and Bye,
   Circuit Judges]
Criminal Case - sentence. Missouri conviction for "knowingly burning or exploding" constitutes arson within the meaning of section 924(e) and constitutes a violent felony. Generic arson extends to the destruction of personal property as well as real property. Thus, the district court properly determined defendant had three prior convictions for violent felonies and that he should be classified as an armed career criminal. Fifteen-year sentence is not cruel and unusual punishment.