Summary
remanding to the district court in light of Wooden for a new factual determination on the issue of whether the defendant had three prior convictions committed on different occasions
Summary of this case from United States v. StowellOpinion
19-2235
05-13-2022
United States of America Plaintiff - Appellee v. Christopher Williams Defendant-Appellant
Unpublished
Submitted: May 6, 2022.
Appeal from United States District Court for the Western District of Missouri - Kansas City.
Before SMITH, Chief Judge, BENTON and KOBES, Circuit Judges.
PER CURIAM.
Christopher R. Williams pled guilty, without a plea agreement, to possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court sentenced him to 190 months in prison pursuant to the Armed Career Criminal Act (ACCA). He appealed, among other things, the ACCA sentence, arguing he did not have at least three prior convictions for a serious drug offense, which were committed on different occasions. This court affirmed the ACCA sentence. See United States v. Williams, 976 F.3d 781, 787 (8th Cir. 2020). Williams sought certiorari in the United States Supreme Court. The Supreme Court vacated the judgment of this court and remanded "for further consideration in light of Wooden v. United States." Williams v. United States, 142 S.Ct. 1439, 1439 (2022), citing Wooden v. United States, 142 S.Ct. 1063 (2022) (holding that the defendant's prior convictions for burglary were not offenses committed on different occasions within the meaning of the ACCA). Considering Wooden v. United States, this court remands to the district court for a new factual determination on the issue of whether Williams had three prior convictions committed on different occasions.
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The judgment of the district court is vacated, and the case remanded for further proceedings consistent with this opinion.