United States v. Dinkins

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The Fourth Circuit affirmed the district court's dismissal of petitioner's 28 U.S.C. 2255 motion contending that his prior convictions no longer qualified as predicate offenses under the Armed Career Criminal Act (ACCA) after the Supreme Court's decision in Johnson v. United States, 135 S. Ct. 2551 (2015). The court held that North Carolina common law robbery qualifies as an ACCA predicate under the Supreme Court's recent decision in Stokeling v. United States, 139 S. Ct. 544 (2019), which abrogated its prior holding in United States v. Gardner, 823 F.3d 793 (4th Cir. 2016). The court also held that a conviction under North Carolina law for being an accessory before the fact of armed robbery qualifies as a violent felony because that offense incorporates the elements of armed robbery, which itself is a violent felony. View "United States v. Dinkins" on Justia Law