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121613P.pdf   12/17/2012  United States  v.  Robert Montgomery
   U.S. Court of Appeals Case No:  12-1613
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Shepherd, Author, with Bye and Gruender, Circuit Judges]
   Criminal case - Criminal law and sentencing. Evidence was sufficient
   to support defendant's conviction for being a felon in possession of a
   firearm; district court did not err in classifying defendant's Missouri
   conviction for second-degree domestic assault as a violent felony under
   the Armed Career Criminal Act as the unobjected-to facts of the
   Presentence Report established that the conviction was for violation of
   Mo. Rev. Stat. Sec. 565.073.1(1), which qualifies as a violent felony;
   sentence was not unreasonable, and the mandatory minimum provision of
   the Act does not violate the Eighth Amendment; additional 8 months the
   court imposed over the mandatory minimum did not violate the Eighth
   Amendment.