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UNITED STATES v. OWEN

No. 21-3870.

51 F.4th 292 (2022)

UNITED STATES of America, Plaintiff-Appellant, v. Maurice Antonio OWEN, also known as Maurice Antonio Parham, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Re-Submitted: July 29, 2022.

Filed: October 19, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Lisa D. Kirkpatrick , AUSA, of Saint Paul, MN.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Robert D. Richman , of Saint Louis Park, MN.

Before ERICKSON, STRAS, and KOBES, Circuit Judges.

Maurice Owen twice pleaded guilty to selling cocaine in Minnesota. The question for us is whether these convictions count as "serious drug offense[s]" under the Armed Career Criminal Act. 18 U.S.C. § 924(e)(1). The district court1 concluded that the answer was no because state law criminalizes the sale of drugs...

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