U.S. v. MENTEER

No. 03-1162.

408 F.3d 445 (2005)

UNITED STATES of America, Appellee, v. Junior C. MENTEER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 17, 2005.


Attorney(s) appearing for the Case

Benicia Baker-Livorsi, argued, St. Charles, Missouri, for appellant.

Bruce E. Clark, Assistant U.S. Attorney, argued, Kansas City, Missouri (Todd P. Graves, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, BEAM, and BYE, Circuit Judges.


PER CURIAM.

This case is before us on remand from the United States Supreme Court for further consideration because of its recent decision in Shepard v. United States, ___ U.S. ___, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). Shepard held a sentencing court cannot consider police reports to determine whether a plea of guilty to a "non-generic" burglary statute qualifies as a violent felony under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924...

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