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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.