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United States v. Langston

United States Court of Appeals, Eighth Circuit

November 19, 2014

United States of America, Plaintiff - Appellee
v.
Ronnie Lee Langston, Defendant - Appellant

Submitted November 10, 2014.

Appeal from United States District Court for the Northern District of Iowa - Sioux City.

Before MURPHY, MELLOY, and BENTON, Circuit Judges.

OPINION

Page 561

PER CURIAM.

Ronnie Lee Langston pled guilty to illegally possessing a firearm. The district court[1] sentenced him to 180 months in prison, the mandatary minimum under the Armed Career Criminal Act. Langston appeals the use of two previous convictions as ACCA predicate offenses. He also argues that their use violates his Sixth Amendment right to a jury. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

This court reviews de novo a career-offender classification. United States v. Boose, 739 F.3d 1185, 1186 (8th Cir. 2014).

Page 562

At sentencing, the district court found that Langston had four previous convictions--terrorism, going armed with intent, theft, burglary--all " violent felonies." The ACCA imposes a mandatory minimum of 15 years if a felon-inpossession-of-a-firearm has " three previous convictions" for a violent felony. 18 U.S.C. § 924(e)(1).

A violent felony is a crime punishable by more than one year of imprisonment that:

(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or
(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.

ยง 924(e)(2)(B). Langston questions whether two previous convictions--terrorism and going armed with intent--are ...


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