815 F.3d 446
8th Cir.2016Background
- In March 2013 officers found Preston Charles Phillips seated at a Kansas City bus stop with a shotgun beneath him; he had ten prior felony convictions.
- Phillips pled guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) and was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), which imposes a 15-year mandatory minimum if the defendant has three prior qualifying felonies.
- Phillips argued his Missouri constitutional right to bear arms had been restored by a 2014 amendment to the Missouri Constitution.
- He also challenged the ACCA classification, contending his prior convictions for Missouri second-degree domestic assault and second-degree burglary did not qualify as "violent felonies."
- The Eighth Circuit reviewed de novo whether the prior convictions met § 924(e)’s "violent felony" definition, applied the modified categorical approach where statutes are divisible, and relied on Missouri statutory elements and prior records to determine predicate status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Missouri’s 2014 constitutional amendment restored Phillips’s firearm rights | Phillips: the 2014 amendment restored his civil right to bear arms | Government: Missouri Supreme Court held the amendment does not restore firearm rights to felons | Held: Rights not restored — amendment did not remove state restrictions on felons possessing firearms |
| Whether Phillips’s prior convictions count as ACCA "violent felonies" | Phillips: second-degree domestic assault and second-degree burglary are not violent felonies | Government: two domestic-assault convictions under subsection (1) and a second-degree burglary conviction qualify as violent felonies | Held: Two domestic-assault convictions under subsection (1) are violent felonies; Missouri second-degree burglary matches generic burglary and qualifies, so ACCA designation stands |
Key Cases Cited
- Johnson v. United States, 135 S.Ct. 2551 (2015) (struck down the ACCA residual clause as unconstitutionally vague)
- Descamps v. United States, 133 S.Ct. 2276 (2013) (explained categorical approach and when a prior conviction qualifies as a predicate)
- United States v. Soileau, 686 F.3d 861 (8th Cir. 2012) (de novo review standard for whether a prior conviction is a violent felony)
- United States v. Olsson, 742 F.3d 855 (8th Cir. 2014) (holding Missouri second-degree burglary elements align with generic burglary)
- United States v. Vincent, 575 F.3d 820 (8th Cir. 2009) (describing the modified categorical approach and use of limited records)