United States v. Abari, 2011 U.S. App. LEXIS 7684

Abari pleaded guilty to felon in possession of a firearm under § 922(g)(1).
He admitted his prior robbery and second degree assault convictions were violent felonies under § 924(e).
He argued his Minnesota theft from person conviction was not a prior violent felony.
The district court held the Minnesota theft from person offense a violent felony under § 924(e)(2)(B).
Abari was sentenced as an armed career criminal with the 15-year mandatory minimum.
On appeal, the Eighth Circuit reviews de novo the classification of prior convictions as violent felonies.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is Minnesota theft from person a violent felony under § 924(e)(2)(B)(ii)?	Abari argues it is not a violent felony after Begay.	United States argues it satisfies the residual clause as posing serious injury risk.	Yes; Minnesota theft from person is a violent felony.
Is Minnesota theft from person roughly similar to burglary under Begay’s standard?	Abari contends it is not roughly similar to burglary in kind or risk.	United States contends it is roughly similar to burglary under Begay.	Yes; theft from person is roughly similar to burglary.

United States v. Boaz, 558 F.3d 800 (8th Cir. 2009) (de novo review of prior-violence determinations under ACCA)
United States v. Hudson, 414 F.3d 931 (8th Cir. 2005) (the risk of violence in theft from the person)
Begay v. United States, 553 U.S. 137 (Supreme Court 2008) (defines residual clause scope for violent felonies)
Hennecke v. United States, 590 F.3d 619 (8th Cir. 2010) (theft from a person as violent felony under residual clause)
Johnson v. United States, 130 S. Ct. 1265 (Supreme Court 2010) (interprets physical force under § 924(e)(2)(B)(i))
United States v. Griffith, 301 F.3d 880 (8th Cir. 2002) (prior circuit reasoning on violent felonies)
United States v. Payne, 163 F.3d 371 (6th Cir. 1998) (risk-based analysis for residual clause)