Acknowledgement of receipt (05/27/08) of judgment from Clerk, United States Court of Appeals for the Eighth Circuit received.

JUDGMENT ISSUED.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Begay v. United States, 553 U. S. ___ (2008). (orders list)

DISTRIBUTED for Conference of April 18, 2008.

DISTRIBUTED for Conference of February 15, 2008.

Brief of respondent United States filed.

Order extending time to file response to petition to and including January 14, 2008.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2007)

Damon Flamont Smith, Petitioner, represented by Ann M. Koszuth

United States, Respondent, represented by Paul D. Clement