United States of America v. Percy Eugene Webster

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Submitted: November 17, 2011

Before RILEY, Chief Judge, BEAM and BYE, Circuit Judges.

Pursuant to a plea agreement, Percy Eugene Webster pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and conceded the firearm was subject to forfeiture under 18 U.S.C. § 924(d). We reversed Webster’s original sentence and remanded the case for resentencing because the district court failed to consider evidence of a prior conviction for the purpose of imposing a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1). See United States v. Webster, 636 F.3d 916, 917, 920 (8th Cir. 2011) (Webster I). On remand, the district court*fn1 determined Webster was subject to the mandatory minimum sentence under the ACCA because Webster had been convicted of three prior violent felonies. The district court then sentenced Webster to 180 months imprisonment and three years of supervised release. Webster now appeals, arguing the district court clearly erred in finding he had three prior convictions for violent felonies.*fn2 We affirm.

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