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Ward v. United States

United States Court of Appeals, Ninth Circuit

September 3, 2019

Joshua Allen Ward, Petitioner-Appellant,
v.
United States of America, Respondent-Appellee.

          Argued and Submitted October 9, 2018

          Submission Vacated October 10, 2018

          Resubmitted September 3, 2019 Seattle, Washington

          Appeal from the United States District Court No. 1:16-cv-00282-EJL for the District of Idaho Edward J. Lodge, District Judge, Presiding

          Melissa D. Winberg (argued), Federal Defender Services of Idaho, Boise, Idaho, for Petitioner-Appellant.

          Ann T. Wick (argued) and Syrena C. Hargrove, Assistant United States Attorneys; Bart M. Davis, United States Attorney; United States Attorney's Office, Boise, Idaho; for Respondent-Appellee.

          Before: Richard A. Paez and Carlos T. Bea, Circuit Judges, and C. Ashley Royal, [*] District Judge.

         SUMMARY[**]

         28 U.S.C. § 2255

         Affirming a sentence, the panel held that a Minnesota conviction for aiding and abetting simple robbery qualifies as a predicate violent felony under the Armed Career Criminal Act's force clause because the minimum force required to sustain a Minnesota simple robbery includes the amount of force necessary to overcome a victim's resistance.

         The panel wrote that this court's prior distinction between "substantial" and "minimal" force in the ACCA robbery context cannot be reconciled with the Supreme Court's holding in Stokeling v. United States, 139 S.Ct. 544 (2019).

          OPINION

          PAEZ, CIRCUIT JUDGE.

         Joshua Allen Ward challenges his mandatory sentence under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e). He argues on appeal that the district court erroneously determined that his prior Minnesota state conviction for aiding and abetting simple robbery under Minn. Stat. Ann. § 609.24 is a "violent felony" under the ACCA's force clause. Because the minimum force required to sustain a Minnesota simple robbery "includes the amount of force necessary to ...


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