United States First Circuit

District court's decision to sentence the defendant under the Armed Career Criminal Act, based on defendant's three previous convictions for a violent felony, including a previous juvenile adjudication for assault and battery with a dangerous weapon, is affirmed as, it was not blatant error for the sentencing court to take defendant's juvenile adjudication into consideration for the purpose of applying the ACCA, as given that the state law provides that juvenile adjudications are not "set aside' for the purpose of imposing sentence is later criminal proceedings against the defendant, it is far from clear that Massachusetts juvenile convictions should never be treated as predicate offense under the ACCA.

Appellate Information

• Decided 09/02/2010
• Published 09/02/2010

Judges

• Array

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Syrie D. Fried, Robert E. Richardson