United States v. Trevon Sykes ( 2018 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 14-3139
    ___________________________
    United States of America
    lllllllllllllllllllllPlaintiff - Appellee
    v.
    Trevon Sykes
    lllllllllllllllllllllDefendant - Appellant
    ____________
    Appeal from United States District Court
    for the Eastern District of Missouri - St. Louis
    ____________
    Submitted: May 24, 2018
    Filed: June 22, 2018
    [Unpublished]
    ____________
    Before LOKEN, BEAM, and SHEPHERD, Circuit Judges.
    ____________
    PER CURIAM.
    Trevon Sykes pled guilty to being a felon in possession of numerous firearms
    in violation of 
    18 U.S.C. § 922
    (g)(1). The United States Probation Office’s
    presentence report (“PSR”) revealed that Sykes had three Missouri second-degree
    burglary convictions under 
    Mo. Rev. Stat. § 569.170
    ; a Missouri first-degree burglary
    conviction; and a Missouri conviction for three counts of possession of a controlled
    substance. Because Sykes had three violent felony convictions and at least one
    conviction for a serious drug offense, the PSR classified Sykes as an Armed Career
    Criminal subject to a mandatory minimum sentence of 180 months imprisonment
    pursuant to the Armed Career Criminal Act (“ACCA”). 
    18 U.S.C. § 924
    (e).
    Sykes objected to this classification, contending that Missouri second-degree
    burglary convictions do not qualify as predicate convictions under the ACCA. The
    district court overruled Sykes’s objection and, finding that Sykes had committed three
    predicate offenses qualifying as violent felonies under the ACCA, sentenced Sykes
    to 180 months imprisonment and a three-year term of supervised release. Sykes
    appealed the sentence.
    We affirmed the district court. United States v. Sykes, 
    809 F.3d 435
     (8th Cir.
    2016). The United States Supreme Court granted Sykes’s petition for writ of
    certiorari, vacated the judgment, and remanded the case for further consideration in
    light of its decision in Mathis v. United States, 
    136 S. Ct. 2243
     (2016). On remand,
    we again affirmed the district court. United States v. Sykes, 
    844 F.3d 712
     (8th Cir.
    2016). Sykes again petitioned the Supreme Court for writ of certiorari. The Supreme
    Court once more granted the petition, vacated the judgment, and remanded the case
    for further consideration in light of United States v. Naylor, 
    887 F.3d 397
     (8th Cir.
    2018) (en banc).
    In reconsidering this appeal we conclude that Naylor controls. Because the
    Missouri second-degree burglary statute is indivisible and “covers more conduct than
    does generic burglary, . . . [Sykes’s] convictions under 
    Mo. Rev. Stat. § 569.170
    (1974) do not qualify as violent felonies under the ACCA.” 887 F.3d at 407.
    Accordingly, we vacate Sykes’s sentence and remand this case to the district
    court for resentencing.
    ______________________________
    -2-
    

Document Info

Docket Number: 14-3139

Filed Date: 6/22/2018

Precedential Status: Non-Precedential

Modified Date: 6/22/2018