United States First Circuit

Conviction and sentence for firearms possession and other crimes is affirmed where: 1) the district court acted within its discretion in denying defendant's third motion for a competency hearing based on the record evidence of his behavior; and 2) the court did not err in concluding that defendant's three prior third-degree burglary convictions in Florida were violent felonies within the meaning of the Armed Career Criminal Act and sentencing him accordingly as the convictions satisfied the elements of the Act's residual clause.

Appellate Information

• Decided 06/30/2009
• Published 06/30/2009

Judges

• HOWARD, Circuit Judge., Before LYNCH, Chief Judge, FARRIS, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael Tumposky, with whom Stephen B. Hrones and Hrones, Garrity & Hedges, were on brief, for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.