United States of America v. David Allen Goodwin

15-2622Court of Appeals for the Eighth Circuit30 de set. de 2016

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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-1841
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
David Allen Goodwin
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Davenport
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Submitted: August 9, 2016
Filed: September 23, 2016
[Unpublished]
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Before WOLLMAN, BYE, and SMITH, Circuit Judges.1
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PER CURIAM.
David Allen Goodwin pled guilty to being a felon in possession of a handgun,
in violation of 18 U.S.C. § 922(g)(1), and was sentenced as an armed career criminal
This opinion is being filed by Judge Wollman and Judge Smith pursuant to 8th1
Cir. Rule 47E.

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to the mandatory minimum punishment of 180 months’ imprisonment. He appealed,
contending that his Iowa burglary conviction did not qualify as a violent felony
predicate under the Armed Career Criminal Act. 18 U.S.C. § 924(e)(1). We
summarily affirmed the conviction, citing our court’s recent decision in United States
v. Mathis, 786 F.3d 1068 (8th Cir. 2015).
The United States Supreme Court granted Goodwin’s petition for a writ of
certiorari, vacated our judgment, and remanded the case to us for further
consideration in light of its decision in Mathis v. United States, 136 S. Ct. 2243
(2016), which held that “[b]ecause the elements of Iowa’s burglary law are broader
than those of generic burglary, Mathis’s convictions under that law cannot give rise
to an ACCA sentence.” Id. at 2257.
In a joint statement filed following the Supreme Court’s remand order, the
government agreed with Goodwin that Goodwin’s sentence should be vacated and the
case remanded for resentencing.
Goodwin’s sentence is vacated, and the case is remanded to the district court
for resentencing.
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