143139U.pdf   06/22/2018  United States  v.  Trevon Sykes
   U.S. Court of Appeals Case No:  14-3139
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [UNPUBLISHED] [Per Curiam - Before Loken, Beam, and Shepherd, Circuit 
   Judges] 
   Criminal case - Sentencing. For the court's prior opinion in the case, see 
   United States v. Sykes, 844 F.3d 712 (8th Cir. 2016). On remand from the 
   Supreme Court for further consideration in light of United States v. 
   Naylor, 887 F.3d 397 (8th Cir. 2018) (en banc). On reconsideration, the 
   court concludes that Naylor controls; because the Missouri second-degree 
   burglary statute is indivisible and covers more conduct than does generic 
   burglary, defendant's convictions under Mo. Rev. Stat. Sec. 569.170 (1974) 
   do not qualify as violent felonies under the ACCA; defendant's sentence is 
   vacated, and the matter is remanded to the district court for further 
   proceedings. 
  
143139P.pdf   12/21/2016  United States  v.  Trevon Sykes
   U.S. Court of Appeals Case No:  14-3139
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Loken and Beam, Circuit Judges] 
   Criminal case - Sentencing. On remand from the Supreme Court for further 
   consideration in light of Mathis v. U.S., 136 S. Ct. 2243 (2106). 
   Defendant's two prior Missouri convictions for second-degree burglary were 
   properly classified as violent felonies for purposes of 18 U.S.C. Sec. 
   924(e); the fact that defendant was a juvenile when he incurred the prior 
   convictions did not make their use as a sentencing enhancement cruel and 
   unusual punishment under the Eighth Amendment as defendant was certified 
   as an adult for each of the convictions and the Eighth Amendment does not 
   prohibit using an adult conviction based on juvenile conduct to increase a 
   sentence under the Armed Career Criminal Act. 
  
143139P.pdf   01/04/2016  United States  v.  Trevon Sykes
   U.S. Court of Appeals Case No:  14-3139
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Loken and Beam, Circuit Judges] 
   Criminal case - Criminal law. The district court did not err in sentencing 
   defendant as an Armed Career Criminal as his Missouri convictions for 
   second-degree burglaries of unoccupied commercial buildings were violent 
   felonies for the purposes of 18 U.S.C. Section 924(e); use of an adult 
   conviction based on juvenile conduct to increase a sentence under the 
   Armed Career Criminal Act does not violate the Eighth Amendment