United States First Circuit

Defendant's sentence for being a felon in possession of a firearm is affirmed over challenges to enhancements under the Armed Career Criminal Act (ACCA) claiming that: 1) a predicate conviction for breaking and entering a steel storage shed did not constitute a violent felony; 2) his Sixth Amendment rights were violated when the judge, rather than a jury, determined that the conviction constituted a violent felony; and 3) his Fifth and Sixth Amendment rights were violated when the government failed to properly plead and prove the ACCA enhancements.

Appellate Information

• Decided 11/21/2006
• Published 11/21/2006

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Christopher R. Goddu, Federal Defender Office, District of Massachusetts, with whom Kevin Fitzgerald, Federal Defender Office, District of Rhode Island, was on brief, for appellant.


• For Appellees:
  
• Donald C. Lockhart, Assistant United States Attorney, with whom Robert Clark Corrente, United States Attorney, and Zechariah Chafee, Assistant United States Attorney, was on brief, for appellee.