United States v. Larry Holt , 682 F. App'x 543 ( 2017 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 16-3179
    ___________________________
    United States of America
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    Larry Joseph Holt
    lllllllllllllllllllll Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Eastern District of Missouri - St. Louis
    ____________
    Submitted: April 3, 2017
    Filed: April 17, 2017
    [Unpublished]
    ____________
    Before SMITH, Chief Judge, ARNOLD and SHEPHERD, Circuit Judges.
    ____________
    PER CURIAM.
    After Larry Holt pleaded guilty to two counts of being a felon in possession of
    a firearm, see 
    18 U.S.C. § 922
    (g)(1), and one count of conspiring to distribute heroin,
    see 
    21 U.S.C. § 841
    (a)(1), (b)(1)(C), and 
    18 U.S.C. § 2
    , the district court1 sentenced
    him as an armed career criminal. See 
    18 U.S.C. § 924
    (e). He maintains on appeal that
    the district court erred in concluding that he is an armed career criminal because his
    conviction for unlawfully using a weapon under 
    Mo. Rev. Stat. § 571.030.1
    (4) is not
    a "violent felony" under the Armed Career Criminal Act. Holt recognizes that our
    court has already determined that a conviction under this statute is a violent felony,
    see United States v. Pulliam, 
    566 F.3d 784
    , 788 (8th Cir. 2009), but he argues that we
    are not bound by Pulliam in light of intervening Supreme Court decisions. We reject
    Holt's argument because another panel of our court recently determined that Pulliam
    is still good law despite the same authorities that Holt relies on here. See United
    States v. Hudson, No. 15–3744, 
    2017 WL 1055583
    , at *2–3 (8th Cir. Mar. 21, 2017).
    The decision of a prior panel binds our panel. United States v. Eason, 
    829 F.3d 633
    ,
    641 (8th Cir. 2016).
    Affirmed.
    ______________________________
    1
    The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the
    Eastern District of Missouri.
    -2-
    

Document Info

Docket Number: 16-3179

Citation Numbers: 682 F. App'x 543

Judges: Smith, Arnold, Shepherd

Filed Date: 4/17/2017

Precedential Status: Non-Precedential

Modified Date: 11/6/2024