United States v. Raymond, 14–2643.

• Decision Date: 19 February 2015
• Docket Number: No. 14–2643.,14–2643.
• Citation: 778 F.3d 716 (Mem)
• Parties: UNITED STATES of America, Plaintiff–Appellee v. Travis Ryan RAYMOND, Defendant–Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

778 F.3d 716 (Mem)

UNITED STATES of America, Plaintiff–Appellee
v.
Travis Ryan RAYMOND, Defendant–Appellant.

No. 14–2643.

United States Court of Appeals, Eighth Circuit.

Submitted: Feb. 9, 2015.
Filed: Feb. 19, 2015.

Jennifer Holson Chaplinski, argued, Saint Cloud, MN, for Defendant–Appellant.

Benjamin Bejar, AUSA, argued, Minneapolis, MN, for Plaintiff–Appellee.

Before GRUENDER, SHEPHERD, and KELLY, Circuit Judges.

Published

PER CURIAM.

Travis Raymond was stopped by police officers who determined that the vehicle in which Raymond was traveling was stolen. The officers arrested Raymond and searched the car. During the search, they found a handgun underneath the driver's seat. The officers also found a case that contained methamphetamine and drug paraphernalia. Raymond was charged with possession of methamphetamine with intent to distribute, 21 U.S.C. § 841(a)(1), and illegal possession of a firearm, 18 U.S.C. § 922(g)(1). He was designated an armed career criminal, id. § 924(e)(1), because he has at least three previous convictions for a violent felony. Raymond pleaded guilty, and the district court¹ sentenced

778 F.3d 717

him to 15 years' imprisonment, the statutory minimum. He reserved his right to appeal his designation as an armed career criminal.

On appeal, Raymond argues only that possession of a handgun is not a violent felony under the Armed Career Criminal Act (ACCA). But he misunderstands § 924(e)(1). That statute says

In the case of a person who violates section 922(g) of this title and has three previous convictions ... for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined under this title and imprisoned not less than fifteen years....

18 U.S.C. § 924(e)(1). It does not matter whether Raymond's current conviction for illegal possession of a handgun is a “violent felony”; that conviction under § 922(g)(1)...