DocketNumber： 17-2540
Filed Date： 12/21/2018
Status： Non-Precedential
Modified Date： 12/21/2018
United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2540 ___________________________ Avery Glass lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: December 5, 2018 Filed: December 21, 2018 [Unpublished] ____________ Before KELLY, GRASZ, and STRAS, Circuit Judges. ____________ 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. ______________________________ -2-