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.
191562P.pdf 08/26/2021 United States v. Robert Hoxworth
U.S. Court of Appeals Case No: 19-1562
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Stras, Author, with Smith, Chief Judge, and Colloton, Circuit
Judge]
Criminal case - Criminal law and sentencing. Even if justification can
serve as a defense to a charge of being a felon-in-possession of a
firearm, the facts here did not support the defense, and the district
court did not err in refusing to give a justification instruction to the
jury; the government concedes that defendant's Texas conviction for
aggravated-assault did not qualify as a violent felony for purposes of the
Armed Career Criminal Act, and defendant's 180-month sentence is vacated,
and the matter is remanded for resentencing. Judge Colloton, concurring in
part.