United States Eleventh Circuit

15-year sentence, including sentence as an armed career criminal, after guilty plea to being a felon in possession of a firearm, with prior Florida convictions of breaking and entering, burglary, and burglary of a dwelling, is vacated where the district court erred in basing its finding that prior third-degree burglary conviction was for generic burglary, a violent felony, on the information, a document that charged a crime of which defendant was not convicted.

Appellate Information

• Decided 09/27/2006
• Published 09/27/2006

Judges

• PER CURIAM:, Before MARCUS, WILSON and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• James T. Skuthan and R. Fletcher Peacock, Federal Public Defenders, Orlando, FL, Lisa Call, Federal Public Defender, Jacksonville, FL, for Defendant-Appellant., Peggy Morris Ronca, Jacksonville, FL, Karin B. Hoppmann, Asst. U.S. Atty., Tampa, FL, for Plaintiff-Appellee.