United States First Circuit

In a prosecution for possessing a firearm as a convicted felon, in which the defendant was convicted and sentenced to the mandatory minimum term under the Armed Career Criminal Act (ACCA) based on his three prior convictions, the case is remanded for resentencing, where: 1) the district court necessarily erred in finding that the defendant's 1980 Massachusetts breaking-and-entering conviction was a violent felony within the meaning of the ACCA; and 2) the First Circuit's intervening decision in United States v. Brown, 631 F.3d 573 (1st Cir. 2011), made the error clear and obvious.

Appellate Information

• Decided 02/17/2012
• Published 02/17/2012

Judges

• Howard

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Tina Schneider, Donald C. Lockhart