United States First Circuit
US v. Rodriguez, 10-1891
Sentencing of defendant to an ACCA minimum term of 180 months in prison with 5 years of supervised release after his plea conviction for being a felon in possession of a firearm is upheld where, under the ACCA's so-called residual clause, defendant's prior state conviction for larceny from the person, Mass. Gen. Laws ch. 266 section 25(b), "presents a serious potential risk of physical injury to another" so that it qualifies as an ACCA violent felony predicate.
Appellate Information
- Decided 10/13/2011
- Published 10/13/2011
Judges
- BOUDIN
Court
- United States First Circuit
Counsel
- For Appellant:
- Eduardo Masferrer, Mark T. Quinlivan