172415P.pdf   07/02/2019  United States  v.  James Myers
   U.S. Court of Appeals Case No:  17-2415
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Benton, Author, with Loken and Erickson, Circuit Judges] 
   Criminal Case - Armed Career Criminal Act. For prior action see United 
   States v. Myers, 896 F.3d 866 (8th Cir. 2018). On remand from the Supreme 
   Court of the United States for further consideration, because the prior 
   conviction for first-degree terroristic threatening (Ark. Code Ann. 
   5-13-301(a)(1)(A)) lists alternative elements, the statute is divisible 
   and the modified categorical approach applies. Upon review of the 
   permissible materials, the conviction was a violent felony under sec. 
   924(e) because it has an element the threatened use of physical force 
   against the person of another. 
  
172415P.pdf   07/23/2018  United States  v.  James Myers
   U.S. Court of Appeals Case No:  17-2415
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Benton, Author, with Loken and Benton, Circuit Judges] 
   Criminal case - Sentencing. Defendant's Arkansas conviction for 
   first-degree terroristic threatening was a violent felony for Armed Career 
   Criminal Act sentencing; a review of the permissible materials show 
   defendant was convicted of threatening to kill his girlfriend while 
   holding a knife to her throat; defendant's Arkansas conviction for 
   second-degree battery was also properly counted as a violent felony.