United States Second Circuit

Sentence for being a felon in possession of a firearm is vacated and remanded where: 1) defendant's prior state conviction for engaging in a sexual act with a minor satisfies the standard articulated in Begay and is therefore a violent felony under the residual clause of the Armed Career Criminal Act; and 2) the District Court must consider of remand whether Defendant's escape conviction constitutes a conviction for a violent felony under Chambers, and whether his two prior state convictions stem from conduct committed on different occasions for purposes of the Act.

Appellate Information

• Decided 07/10/2009
• Published 07/10/2009

Judges

• LIVINGSTON, Circuit Judge:, Before:  MINER, RAGGI, LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• William B. Darrow, Assistant United States Attorney (Gregory L. Waples, Assistant United States Attorney, on the brief), for Thomas D. Anderson, United States Attorney, District of Vermont, Burlington, VT, for Appellee., Mary P. Kehoe (Adam P. Bergeron, on the brief), Lisman, Webster & Leckerling, P.C., Burlington, VT, for Defendant-Appellant.