926 F.3d 939
8th Cir.2019Background
- Derrick Taylor pleaded guilty in 2015 to being a felon in possession of a firearm and conceded ACCA status based on three prior Minnesota convictions, reserving a post-conviction challenge if law changed.
- District court sentenced Taylor to the ACCA mandatory minimum 180 months.
- Taylor filed a 28 U.S.C. § 2255 motion after Samuel Johnson v. United States, arguing his Minnesota convictions (simple robbery, 1st‑ and 2nd‑degree assault) no longer qualified as ACCA "violent felonies."
- The sole contested issue on appeal was whether Minnesota simple robbery qualifies as a "violent felony" under ACCA’s force clause (use, attempted use, or threatened use of physical force).
- This court had previously held in United States v. Pettis that Minnesota simple robbery requires violent force; the Supreme Court later decided Stokeling v. United States addressing a similar Florida statute.
- The Eighth Circuit held Stokeling reinforced Pettis and affirmed denial of § 2255 relief, concluding Minnesota simple robbery is an ACCA violent felony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Minnesota simple robbery is a "violent felony" under ACCA’s force clause | Taylor: Stokeling and Johnson show Minnesota statute can encompass non‑violent "snatching" or post‑taking conduct, so it may not categorically require violent force | Government: Minnesota law, like Florida law in Stokeling, requires enough force to overcome victim resistance; state cases (e.g., Burrell) show violent force is required | Affirmed: Minnesota simple robbery categorically involves violent force and qualifies as an ACCA predicate |
Key Cases Cited
- Johnson v. United States, 559 U.S. 133 (Sup. Ct.) (physical force means force capable of causing pain or injury for ACCA force clause)
- Stokeling v. United States, 139 S. Ct. 544 (Sup. Ct.) (Florida robbery that overcomes resistance qualifies as a violent felony under ACCA)
- United States v. Pettis, 888 F.3d 962 (8th Cir. 2018) (Eighth Circuit held Minnesota simple robbery requires violent force)
- United States v. Libby, 880 F.3d 1011 (8th Cir.) (concluded Minnesota simple robbery qualifies under the ACCA force clause)
- Samuel Johnson v. United States, 135 S. Ct. 2551 (Sup. Ct.) (decision prompting post‑conviction challenges to ACCA predicates)