8th Circuit Vacates Felony Weapons Sentence

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By Becky Ogann

Story Created: May 15, 2008 at 5:43 PM CST

Story Updated: May 15, 2008 at 5:43 PM CST

DES MOINES (AP) - A federal appeals court has thrown out the sentence of man whose criminal history of drunken driving earned him more prison time on a weapons crime.

The U.S. 8th Circuit Court of Appeals has vacated the sentence of James Heikes.

In 2005, Heikes pleaded guilty in federal court in Iowa to being a drug user in possession of a firearm. He was sentenced to 15 years in prison.

Heikes had been convicted three times of drunken driving, and the charges were considered violent felonies during his sentencing.

That issue - whether drunken driving is a violent felony - eventually ended up before the U.S. Supreme Court, which said it was not.

Based on that decision, the appeals court then found that Heikes should not have been subject to the enhanced penalty and sent the case back to the lower court.

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