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153718P.pdf 08/09/2016 United States v. Christopher Headbird
U.S. Court of Appeals Case No: 15-3718
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Murphy, Author, with Bright and Shepherd, Circuit Judges]
Criminal Case Armed Career Criminal Act. Under this court's precedent
Minn. Stat sec. 609.222 is a violent felony. Because Headbird's conviction
for second degree assault was a juvenile adjudication, it must involve a
weapon to qualify as an ACCA predicate offense. Because the statute's term
"with dangerous weapon" is an element of the offense and the separate
definition lists means for committing that element, the element "with a
dangerous weapon" is not divisible. Minnesota's definition is thus broader
than the ACCA's weapon requirement, and the juvenile adjudication does not
qualify as a predicate offense. Headbird does not qualify as an armed
career criminal because he had only two prior predicate convictions.