Avery Glass v. United States ( 2018 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-2540
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Avery Glass
lllllllllllllllllllllPetitioner - Appellant
v.
United States of America
lllllllllllllllllllllRespondent - Appellee
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: December 5, 2018
Filed: December 21, 2018
[Unpublished]
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Before KELLY, GRASZ, and STRAS, Circuit Judges.
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PER CURIAM.
Avery Glass appeals after the district court1 denied his 28 U.S.C. § 2255
motion, in which he challenged his sentence under the Armed Career Criminal Act
1
The Honorable Brian C. Wimes, United States District Judge for the Western
District of Missouri.
(ACCA), arguing that his prior Missouri conviction for second-degree robbery no
longer qualified as an ACCA predicate offense, after Johnson v. United States, 135
S. Ct. 2551 (2015). In light of a recent decision by this court en banc, we conclude
that Glass’s argument is foreclosed. See United States v. Swopes, 886 F.3d 668, 670-
72 (8th Cir. 2018) (en banc) (concluding that Missouri conviction for second-degree
robbery qualifies as ACCA predicate offense), as corrected (Mar. 29, 2018), pet. for
cert. filed (U.S. Aug. 30, 2018) (No. 18-5838). Accordingly, we affirm. See 8th Cir.
R. 47B. We also deny Glass’s motion for a stay.
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