212151P.pdf   02/18/2022  United States  v.  Wayne Fisher
   U.S. Court of Appeals Case No:  21-2151
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Kobes, Circuit 
   Judge] 
   Criminal case - Sentencing. The district court did not err in determining 
   defendant's Minnesota conviction for first degree burglary was a serious 
   violent felony under 21 U.S.C. Sec. 841(b)(1)(A); the Minnesota statute in 
   question - Minn. Stat. section 609.582 - is divisible and paragraph (c)of 
   the statute, the section under which defendant was charged and convicted 
   is burglary with assault and qualifies as a violent felony; the district 
   court did not clearly err in determining it did not have authority to 
   credit defendant with time served in tribal jail; argument that 18 U.S.C. 
   Sec. 3584 is unconstitutional because it treats discharged and 
   undischarged sentences differently is rejected.