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163764P.pdf 04/23/2018 United States v. Jonathon Lee Kinney
U.S. Court of Appeals Case No: 16-3764
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Shepherd, Author, with Wollman and Beam, Circuit Judges]
Criminal case - Sentencing. Defendant's North Dakota convictions for
accomplice to burglary in violation of N.D. Cent. Code Section 12.1-22-02
(1999) did not qualify as predicate felonies for purposes of sentencing
under the Armed Career Criminal Act, and defendant's sentence is vacated
and the matter is remanded for resentencing.