United States v. Deleon Walker ( 2019 )

United States Court of Appeals
For the Eighth Circuit
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No. 18-3427
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Deleon Coltay Walker
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Minnesota
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Submitted: June 24, 2019
Filed: July 2, 2019
[Unpublished]
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Before LOKEN, GRUENDER, and KOBES, Circuit Judges.
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PER CURIAM.
Deleon Walker directly appeals after he pleaded guilty to Hobbs Act robbery
and a firearm offense, and the district court1 sentenced him below the Guidelines
1
The Honorable John R. Tunheim, Chief Judge, United States District Court for
the District of Minnesota.
range to the statutory minimum sentence. His counsel has moved for leave to
withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging Walker’s classification as an armed career criminal under the Armed
Career Criminal Act (ACCA).
Upon careful review, we conclude that the district court did not err in
classifying Walker as an armed career criminal, see United States v. Shockley, 816
F.3d 1058, 1062 (8th Cir. 2016) (reviewing classification under ACCA de novo), as
we find that Walker’s three prior convictions for Minnesota aggravated robbery
qualify as violent felonies under the ACCA. See United States v. Pettis, 888 F.3d
962, 965-66 (8th Cir. 2018), cert. denied, 139 S. Ct. 1258 (2019); United States v.
Libby, 880 F.3d 1011, 1013 (8th Cir. 2018); see also Stokeling v. United States, 139
S. Ct. 544 (2019).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we
affirm the judgment, and we grant counsel’s motion to withdraw. Walker’s motion
to stay the appeal is denied.
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