United States v. Anthony Brown, No. 18-1426 (8th Cir. Feb. 22, 2019). · Go Syfert
United States v. Anthony Brown, No. 18-1426 (8th Cir. Feb. 22, 2019). Book View Copy Cite
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United States
v.
Anthony Brown
18-1426.
Court of Appeals for the Eighth Circuit.
Feb 22, 2019.
Published opinion
Published
United States Court of Appeals
For the Eighth Circuit

No. 18-1426

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Anthony Jovon Brown, also known as Anthony Brown

lllllllllllllllllllllDefendant - Appellant

No. 18-1427

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Anthony Jovon Brown, also known as Anthony Brown

lllllllllllllllllllllDefendant - Appellant

Appeals from United States District Court
for the Southern District of Iowa - Davenport

Submitted: January 14, 2019
Filed: February 22, 2019
[Published]

Before GRUENDER, WOLLMAN, and SHEPHERD, Circuit Judges.

PER CURIAM.

Anthony Brown appeals his sentence of 120 months’ imprisonment for bank robbery. He challenges the district court’s1 application of the crime of violence enhancement under the sentencing guidelines, contending that his Illinois attempted robbery conviction does not qualify as a career offender predicate under the guidelines’s force clause. See U.S.S.G. § 4B1.2(a)(1). “We review de novo the district court’s determination that a conviction constitutes a crime of violence.” United States v. Williams, 899 F.3d 659, 662 (8th Cir. 2018).

We recently held that Illinois robbery is a “violent felony” under the force clause of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e)(2)(b). Dembry v. United States, No. 17-2849, 2019 WL 436580, at *2-3 (8th Cir. Feb. 5, 2019). “The relevant definition of a violent felony under the ACCA and the definition of a crime of violence under the guidelines are so similar that we generally consider cases interpreting them interchangeably.” United States v. Sykes, 914 F.3d 615, 620 (8th Cir. 2019) (internal quotation marks omitted). Applying this logic, we hold that Illinois robbery is a crime of violence under the guidelines. And because Illinois robbery is a crime of violence, so too is Illinois attempted robbery. See U.S.S.G. § 4B1.2(a)(1) n.1 (noting that a “crime of violence” includes attempts to commit such an offense). This conclusion is consistent with Seventh Circuit decisions, which have “repeatedly held that Illinois robbery is a crime of violence under the ‘force’ clause of § 4B1.2(a)(1).” United States v. Davis, 712 F. App’x 578, 579 (7th Cir. 2018), cert. denied, 138 S. Ct. 2695 (2018).

For these reasons, we affirm Brown’s sentence. ______________________________


1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.