United States First Circuit

Sentence is vacated and remanded with instructions to sentence defendant under the Armed Career Criminal Act, 18 U.S.C. section 924(e) and apply the mandatory minimum prescribed by Congress where it was "clearly erroneous" to find that defendant did not plead guilty to at least three burglaries of buildings.

Appellate Information

• Decided 11/03/2003
• Published 11/03/2003

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Cynthia A. Young, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.


• For Appellees:
  
• Linda J. Thompson, with whom John M. Thompson and Thompson & Thompson, P.C. was on brief, for appellee.