DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
163454P.pdf 05/21/2018 Merwyn Levering v. United States
U.S. Court of Appeals Case No: 16-3454
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Colloton, Author, with Loken, Circuit Judges]
[Filed Pursuant to Eighth Circuit Rule 47E] Criminal Case - Armed Career
Criminal Act. Upon resentencing following the decision in Johnson v.
United States and determination that one of Levering?s prior convictions
was no longer a violent felony, the district court determined Levering was
still an armed career criminal based on two 1994 Iowa convictions for
assault while participating in a felony. Levering argued the two Iowa
convictions occurred on a single occasion and should be counted as one
predicate offense. Because Levering committed two assaults on the same
date but at different times in different counties against different
victims, and thus were ?committed on occasions different from one
another,? the district court did not err in counting the two convictions
as two separate qualifying convictions. The sentence, in which district
court varied downward from the advisory guideline range by 22 months, was
substantively reasonable and there was no abuse of discretion.