United States First Circuit

In this case, defendant pleaded guilty to being a felon in possession of multiple firearms in violation of 18 U.S.C. section 922(g)(1) and the Armed Career Criminal Act (ACCA), 18 U.S.C. section 924(e), and was sentenced to 15 years. Plaintiff challenges his sentence. The judgment is affirmed, where: 1) defendant's non-residential burglaries count as violent felonies under the ACCA; and 2) because defendant's sentence is reflective of the ACCA's statutory minimum and not a sentencing range, showing that his burglaries were not "crimes of violence" or that defendant is not a "career offender" for Guidelines purposes could not result in him receiving a shorter sentence than the 15 years mandated by the ACCA.

Appellate Information

• Decided 02/13/2015
• Published 02/13/2015

Judges

• Thompson

Court

• United States First Circuit

Counsel