United States v. Harbert

Summary

The Tenth Circuit held that an Oklahoma first-degree robbery conviction qualifies as a "violent felony" under the Armed Career Criminal Act's (ACCA) elements clause, applying *Stokeling v. United States*, 139 S. Ct. 544 (2019). The court concluded that the force required to overcome a victim's resistance—even if minimal—constitutes "violent force" capable of causing physical pain or injury. The decision affirmed the district court's ACCA-enhanced sentence and rejected the defendant's argument that the degree of force was immaterial. This unpublished opinion is persuasive but not binding precedent.

Holdings

1. Oklahoma first-degree robbery qualifies as a violent felony under ACCA because it requires the use of force sufficient to overcome a victim's resistance, which constitutes 'violent force' as defined in Johnson v. United States and Stokeling v. United States.

Questions Presented

1. Whether an Oklahoma first-degree robbery conviction is a 'violent felony' under ACCA's elements clause.

Disposition

affirmed