Opinions by Case | Eighth Circuit | United States Court of Appeals

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.


151712P.pdf   04/04/2017  United States  v.  Preston Phillips
   U.S. Court of Appeals Case No:  15-1712
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Benton, Author, with Loken and Riley, Circuit Judges] 
   Criminal case - Sentencing. On remand from the Supreme Court of the United 
   States, see Phillips v. United States, 137 S.Ct. 634 (2017), for 
   reconsideration under Mathis. For this court's prior opinion, see United 
   States v. Phillips, 817 F.3d 567 (8th Cir. 2016). Remanded to the District 
   Court for a determination as to whether defendant's Missouri second-degree 
   burglary convictions were "of a building" and thus violent felonies under 
   the Armed Career Criminal Act. 
  
151712P.pdf   03/08/2016  United States  v.  Preston Phillips
   U.S. Court of Appeals Case No:  15-1712
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Benton, Author, with Chief Judge Riley and Loken, Circuit 
   Judges] 
   Criminal Case - conviction. Contrary to Phillips argument, his civil right 
   to bear arms was not restored by an Amendment to the Missouri 
   Constitution. Using the modified categorical approach, two of Phillips?s 
   second-degree domestic assault convictions and his second-degree burglary 
   conviction qualified as violent felonies, and thus he was properly found 
   to be an armed career criminal.