DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
173027P.pdf 02/11/2019 Gabriel Garcia-Hernandez v. United States
U.S. Court of Appeals Case No: 17-3027
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Benton, Author, with Wollman and Arnold, Circuit Judges]
Prisoner case - Habeas. For Garcia-Hernandez's direct appeal, see U.S. v.
Garcia-Hernandez, 803 F.3d 994 (8th Cir. 2015). Garcia-Hernandez had at
least three qualifying convictions under current law and resentencing
would not change his ACCA enhancement; as a result, any Johnson error was
harmless; defendant's robbery convictions were violent felonies under the
force clause - see Stokeling v. U.S., 139 S. Ct. 544 (2019).