171527P.pdf   07/06/2018  United States  v.  Jeffrey Joseph Pendleton
   U.S. Court of Appeals Case No:  17-1527
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Murphy, 
   Circuit Judge] 
   Criminal case - Criminal law and sentencing. This opinion is filed by 
   Chief Judge Smith and Judge Colloton pursuant to 8th Cir. R. 47E following 
   Judge Murphy's death. Evidence from a witness that she saw defendant 
   carrying a firearm was admissible under Rule 402 in this 
   felon-in-possession prosecution; the evidence was relevant as it tended to 
   make it probable that the gun found near defendant at the time of his 
   arrest belonged to him; the district court did not err in finding that 
   defendant qualified for sentencing under the Armed Career Criminal Act as 
   his Minnesota convictions for second-degree assault were violent felonies 
   for ACCA purposes; argument that the ACCA's force clause is 
   unconstitutionally vague rejected.