United States Court of Appeals
For the Eighth Circuit
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No. 11-3410
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Adonis Adolph Dorman
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Minnesota - St. Paul
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Submitted: October 15, 2012
Filed: October 31, 2012
[Unpublished]
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Before BYE, BEAM, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Adonis Dorman appeals the mandatory minimum sentence of 180 months
imposed by the district court1 following his guilty plea to being a felon in possession
1
The Honorable John R. Tunheim, United States District Judge for the District
of Minnesota.
of a firearm in violation of 18 U.S.C. § 922(g). Due to his criminal history, the
district court determined that Dorman qualified for sentencing under the Armed
Career Criminal Act (ACCA), 18 U.S.C. § 924(e), and Dorman challenges two
rulings related to this determination. However, we reject Dorman's argument that his
prior Minnesota conviction for fourth-degree criminal sexual conduct2 is not a
predicate violent felony under the ACCA. See United States v. Scudder, 648 F.3d
630, 633-34 (8th Cir. 2011) (holding that a conviction under a substantially similar
Indiana child molestation statute was categorically a violent felony). Similarly, his
argument that the residual clause of the ACCA is unconstitutionally vague is
foreclosed both by Supreme Court precedent and by our court's precedent. See James
v. United States, 550 U.S. 192, 210 n.6 (2007) (noting that the Court was "not
persuaded" by Justice Scalia's dissenting position that the residual provision of the
ACCA is unconstitutionally vague); United States v. Childs, 403 F.3d 970, 972 (8th
Cir. 2005) (rejecting defendant's vagueness argument). Accordingly, we affirm.
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2
Minn. Stat. Ann. § 609.345.
-2-