# United States v. Brown

> Court of Appeals for the Eighth Circuit · February 22, 2019 · 916 F.3d 706

URL: https://www.frixlaw.com/law-library/cases/8415330

## Case

- **Full name:** UNITED STATES of America v. Anthony Jovon BROWN, also known as Anthony Brown, - United States of America v. Anthony Jovon Brown, also known as Anthony Brown
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** February 22, 2019
- **Citations:** 916 F.3d 706
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Gruender, Shepherd, Wollman
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

PER CURIAM.
*707 Anthony Brown appeals his sentence of 120 months' imprisonment for bank robbery. He challenges the district court's 1 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 *708 ("ACCA"), 18 U.S.C. § 924 (e)(2)(b). Dembry v. United States , 914 F.3d 1185 , 1187-88 (8th Cir. 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 , --- U.S. ----, 138 S.Ct. 2695 , 201 L.Ed.2d 1085 (2018).
For these reasons, we affirm Brown's sentence.
The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8415330. Public record. Not legal advice.