United States Tenth Circuit

A sentence for being a felon in possession of a firearm is reversed and remanded where, applying the framework articulated by the Supreme Court in James v. US, 127 S. Ct. 1586 (2007), defendant's prior Colorado state conviction for conspiracy to commit second degree burglary was not a violent felony conviction for purposes of sentencing him as an armed career criminal.

Appellate Information

• Decided 12/18/2007
• Published 12/19/2007

Judges

• MURPHY, Circuit Judge., Before TACHA, Chief Judge, BRISCOE, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Stephen M. Wheeler, Wheeler Law Offices, P.C., Evergreen, CO, for Appellant.


• For Appellees:
  
• James C. Murphy, Assistant United States Attorney (Troy A. Eid, United States Attorney, with him on the briefs), Denver, CO, for Appellee.