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U.S. v. SWOPES

No. 16-1797.

886 F.3d 668 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Hosea Latron SWOPES, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 29, 2018.

Corrected March 29, 2018.

Attorney(s) appearing for the Case

Allison Hart Behrens , John Timothy Bird , Assistant U.S. Attorneys, U.S. ATTORNEY'S OFFICE, Eastern District of Missouri, Saint Louis, MO, John Nicholas Koester, Jr. , Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Eastern District of Missouri, Cape Girardeau, MO, for Plaintiff-Appellee.

Nanci McCarthy , Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Saint Louis, MO, Scott Tilsen , Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Cape Girardeau, MO, for Defendant-Appellant.

Hosea Latron Swopes, Atwater, CA, Pro Se.

Before SMITH, Chief Judge, WOLLMAN, LOKEN, MELLOY, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.

This appeal presents the question whether Hosea Swopes's prior conviction for second-degree robbery in Missouri is a "violent felony" under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e). We conclude that the district court2 properly...

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