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Home / Opinion Digests / Criminal Law / No ACCA Enhancement for Prior Statutory Burglary (access required)

No ACCA Enhancement for Prior Statutory Burglary (access required)

An Abingdon U.S. District Court refuses to enhance the sentence for a defendant convicted of firearm possession as a convicted felon because the government has not demonstrated that defendant’s previous statutory burglary conviction counts as a violent felony under 18 U.S.C. § 924(e)(2)(B). Defendant concedes he has been convicted of two qualifying felonies – drug ...

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