112444P.pdf   01/29/2014  United States  v.  Alfred Tucker
   U.S. Court of Appeals Case No:  11-2444
                          and No:  11-2489
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Gruender, Author, for the Court En Banc] 
   Criminal case - Criminal law. For the panel opinion in the matter, see 
   United States v. Tucker, 689 F.3d 914 (8th Cir. 2012), vacated, Nos. 
   11-2444/2489 (8th Cir. Jan. 14, 2013). The court reinstates the panel 
   opinion, except for its section II.D regarding Tucker's sentence; with 
   respect to the question of whether Tucker's prior conviction under a 
   Nebraska escape statute (Neb. Rev. Stat. Sec. 98-212)qualified as a 
   violent felony for purposes of the Armed Career Criminal Act, the elements 
   of the portion of the statute under which Tucker was convicted do not, in 
   the ordinary case, encompass conduct that presents a serious potential 
   risk of physical injury to another, and a conviction under that portion of 
   the statute cannot serve as a predicate conviction for ACCA purposes; 
   Tucker's sentence is vacated and the matter is remanded for resentencing. 
   Judge Loken, concurring in the judgment. 
  
112444P.pdf   08/23/2012  United States  v.  Alfred Tucker
   U.S. Court of Appeals Case No:  11-2444
                          and No:  11-2489
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Gruender, Author, with Benton and Shepherd, Circuit Judges]
   Criminal Cases - conviction and sentence. District court did not err in
   denying motion to suppress, as direct, in-person identification of a car as
   having been involved in a crime made by housing authority officer known
   to officers was sufficient to give rise to Terry stop. Evidence was
   sufficient to sustain conviction for felon in possession of firearm.
   Admission of officer's testimony as to statements by onlookers was not
   plain error. Sentence under Armed Career Criminal Act was supported,
   as escape conviction was a proper predicate offense and assault
   convictions involved intentionally striking of victim. District court did
   not abuse its discretion in ordering revocation of supervised release
   sentence to run consecutively.