United States Sixth Circuit

Tennessee's crime of facilitation of the burglary of a business qualifies as a violent felony under the "otherwise clause" of 18 U.S.C. section 924(e)(2)(B)(ii). A sentence for being a felon in possession of a firearm is affirmed over a claim that defendant's prior state conviction for the facilitation of a burglary of a building does not qualify as a "violent felony" for purposes of the Armed Career Criminal Act (ACCA), and thus, the sentence was unreasonable.

Appellate Information

• Decided 12/14/2007
• Published 12/14/2007

Judges

• Before:  SILER, MOORE, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Edwin A. Perry, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant.   ON BRIEF:  Edwin A. Perry, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant.  Katrina U. Earley, Assistant United States Attorney, Memphis, Tennessee, for Appellee.