Submitted: January 17, 2019
from United States District Court for the Eastern District of
Arkansas - Little Rock
BENTON, MELLOY, and KELLY, Circuit Judges.
Coleman pleaded guilty to one count of being a felon in
possession of a firearm, in violation of 18 U.S.C. §
922(g)(1). The district court sentenced Coleman under the
Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), to
15 years of imprisonment, the statutory minimum sentence.
Coleman appeals, challenging the ACCA enhancement. Because
Coleman did not object to the enhancement at sentencing, we
review for plain error, affirming his sentence unless he can
show (1) an error; (2) that is plain; (3) that affects his
substantial rights; and (4) that seriously affects "the
fairness, integrity, or public reputation of judicial
proceedings." United States v. Boman, 873 F.3d
1035, 1040 (8th Cir. 2017) (quoting United States v.
Olano, 507 U.S. 725, 732 (1993)).
enhance a defendant's sentence under the ACCA, the court
must identify three predicate convictions, either violent
felonies or serious drug offenses, in the defendant's
criminal history. Here, the district court applied the ACCA
based on Coleman's 2006 Arkansas conviction for
kidnapping and two prior convictions for serious drug
offenses. On appeal, Coleman challenges the use of the
kidnapping conviction as a predicate. Kidnapping is not an
enumerated offense under the ACCA, so it may qualify as a
violent felony only if it satisfies the ACCA's force
clause, that is, if it "has as an element the use,
attempted use, or threatened use of physical force against
the person of another." § 924(e)(2)(B)(i). To
determine whether a prior conviction meets this definition,
"courts look to the elements of the crime of conviction,
not the underlying facts." Boman, 873 F.3d at
1040 (citing Mathis v. United States, 136 S.Ct.
2243, 2248 (2016)).
Code § 5-11-102, the statute that criminalizes
(a) A person commits the offense of kidnapping if, without
consent, the person restrains another person so as to
interfere substantially with the other person's liberty
with the purpose of:
(1) Holding the other person for:
(A) Ransom or reward; or
(B) Any other act to be performed or not performed for the
other person's return or release;
(2) Using the other person as a shield or hostage;
(3) Facilitating the commission of any felony or flight after