U.S. v. HEIKES

No. 07-2159.

525 F.3d 662 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. James Daryl HEIKES, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 15, 2008.


Attorney(s) appearing for the Case

Paul Rosenberg, argued, Des Moines, IA, for appellant.

Emily K. Nydle, Special Assistant U.S. Attorney, Des Moines, IA, appellee.

Before BYE, BEAM and GRUENDER, Circuit Judges.


BYE, Circuit Judge.

James Daryl Heikes appeals his enhanced fifteen-year sentence, imposed by the district court after finding he was an armed career criminal under 18 U.S.C. § 924(e)(1) (2000 ed., Supp. V). We vacate the sentence because of Begay v. United States, ___ U.S. ___, 128 S.Ct. 1581, ___ L.Ed.2d ___ (2008), and are required to remand for resentencing.

I

On June 14, 2005, Heikes was charged in a three count indictment: one count...

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