United States v. Larry Holt

United States Court of Appeals
For the Eighth Circuit
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No. 16-3179
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Larry Joseph Holt
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: April 3, 2017
Filed: April 17, 2017
[Unpublished]
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Before SMITH, Chief Judge, ARNOLD and SHEPHERD, Circuit Judges.
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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.
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1
The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the
Eastern District of Missouri.
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