United States of America v. Jerome Nash

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 19-2944
___________________________
United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Jerome Nash,
lllllllllllllllllllllDefendant - Appellant.
____________
Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
____________
Submitted: May 5, 2020
Filed: May 8, 2020
[Unpublished]
____________
Before COLLOTON, BEAM, and KOBES, Circuit Judges.
____________
PER CURIAM.
Jerome Nash appeals after he pleaded guilty to unlawfully possessing a firearm
as a felon. The district court1 sentenced him under the Armed Career Criminal Act
1The Honorable Ronnie L. White, United States District Judge for the Eastern
District of Missouri.

-- 1 of 2 --

(ACCA), 18 U.S.C. § 924(e), to 180 months in prison. His counsel has moved to
withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging the determination that Nash’s prior second-degree robbery convictions
qualified as ACCA predicate offenses.
After careful de novo review, we conclude that the district court did not err in
concluding that Nash’s prior Missouri second-degree robbery convictions qualified
as ACCA predicate offenses. This court previously has determined that a conviction
under Missouri’s second-degree robbery statute categorically qualifies as an ACCA
predicate offense. See United States v. Swopes, 886 F.3d 668, 671 (8th Cir. 2018) (en
banc), cert. denied, 139 S. Ct. 1258 (2019); see also United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010).
Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75
(1988), we find no nonfrivolous issues for appeal outside the scope of the appeal
waiver. Accordingly, we grant counsel’s motion to withdraw, and affirm the
judgment of the district court.
______________________________
-2-

-- 2 of 2 --