LAW.coLAW.co

UNITED STATES of America, Plaintiff - Appellee v. Anthony Jovon BROWN, also known as Anthony Brown, Defendant - Appellant United States of America, Plaintiff - Appellee v. Anthony Jovon Brown, also known as Anthony Brown, Defendant - Appellant

United States Court of Appeals for the Eighth Circuit2019-02-22No. No. 18-1426; No. 18-1427
916 F.3d 706

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM.

Anthony Brown appeals his sentence of 120 months imprisonment for bank robbery. He challenges the district courts application of the crime of violence enhancement under the sentencing guidelines, contending that his Illinois attempted robbery conviction does not qualify as a career offender predicate under the guideliness force clause. See U.S.S.G. § 4B1.2(a)(1). We review de novo the district courts determination that a conviction constitutes a crime of violence. United States v. Williams , 899 F.3d 659, 662 (8th Cir. 2018).

We recently held that Illinois robbery is a violent felony under the force clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(b). Dembry v. United States , 914 F.3d 1185, 1187-88 (8th Cir. 2019). The relevant definition of a violent felony under the ACCA and the definition of a crime of violence under the guidelines are so similar that we generally consider cases interpreting them interchangeably. United States v. Sykes , 914 F.3d 615, 620 (8th Cir. 2019) (internal quotation marks omitted). Applying this logic, we hold that Illinois robbery is a crime of violence under the guidelines. And because Illinois robbery is a crime of violence, so too is Illinois attempted robbery. See U.S.S.G. § 4B1.2(a)(1) n.1 (noting that a crime of violence includes attempts to commit such an offense). This conclusion is consistent with Seventh Circuit decisions, which have repeatedly held that Illinois robbery is a crime of violence under the force clause of § 4B1.2(a)(1). United States v. Davis , 712 F. Appx 578, 579 (7th Cir. 2018), cert. denied , --- U.S. ----, 138 S.Ct. 2695, 201 L.Ed.2d 1085 (2018).

For these reasons, we affirm Browns sentence.

The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.