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.