161220P.pdf   05/26/2017  Deshawn Fletcher  v.  United States
   U.S. Court of Appeals Case No:  16-1220
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Gruender, Author, with Colloton and Beam, Circuit Judges] 
   Habeas Case - Armed Career Criminal Act. Felony convictions for making 
   terroristic threats (one as a juvenile and one as an adult) under the 
   Nebraska terroristic threats statute qualify as violent felonies under the 
   force clause of the Armed Career Criminal Act. An act of juvenile 
   delinquency cannot qualify as a violent felony unless the court first 
   determines that it involved the use or carrying of a firearm, knife, or 
   destructive device. That determination is separate from the question 
   whether the juvenile conviction is an enumerated offense or qualifies 
   under the force clause, and here, that determination, reviewed sua sponte, 
   is procedurally defaulted. Applying the categorical approach, the Nebraska 
   statute can encompass threats against property, but no cases have applied 
   the terroristic threats statute to a threat to property alone and there is 
   no realistic probability that the State will apply its statute to conduct 
   that falls outside the generic definition.