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161304P.pdf   11/17/2016  United States  v.  Richard McFee
   U.S. Court of Appeals Case No:  16-1304
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Murphy, Author, with Benton and Shepherd, Circuit Judges] 
   Criminal case - Sentencing. Minnesota's terroristic threats statute's 
   definition of "crime of violence" is not divisible and since it's 
   definition of "crime of violence" is broader than the Armed Career 
   Criminal Act's requirement that a prior conviction have "as an element the 
   use, attempted use, or threatened use of physical force against the person 
   of another," defendant's conviction for terroristic threats was not an 
   ACCA predicate offense, and he does not qualify as an armed career 
   criminal because, without this conviction, he had only two prior predicate 
   convictions; sentence vacated, and the matter remanded for resentencing.