DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151497P.pdf 09/06/2016 United States v. Ismael Miranda-Zarco
U.S. Court of Appeals Case No: 15-1497
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Murphy and Smith, Circuit Judges]
Criminal case - Sentencing. The district court did not err in imposing a
separate criminal history point for defendant's Missouri Armed Criminal
Action conviction as it is a separate and distinct offense; court would
consider defendant's pro se argument that the ACA conviction was not a
crime of violence; the issue was not raised below, and the court cannot
determine whether the district court relied on the residual clause or the
force clause to determine the ACA offense was a crime of violence under
Guideline Sec. 4A1.1(e), and the matter is remanded for further
proceedings.