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Tag Archives: ACCA

Criminal – Sentencing – ACCA – B&Es – Violent Felonies (access required)

U.S. v. Foster The 4th Circuit denies rehearing en banc in this case in which the panel majority held that a defendant’s prior convictions for breaking and entering “Corner Market” and the “Sunrise-Sunset Restaurant” under Virginia’s non-generic burglary statute qualify as violent felonies under the Armed Career Criminal Act, and remanded for resentencing.

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Criminal Practice – Sentencing – PSR ‘Facts’ – Prior Convictions — ACCA (access required)

U.S. v. BoykinA district court committed plain error when it used the presentence report’s discussion of the circumstances surrounding defendant’s two prior violent-felony convictions to apply an Armed Career Criminal Act enhancement under 18 U.S.C. § 924 when sentencing defendant as a felon in possession of a firearm; the 4th Circuit vacates the sentence and remands for a new sentencing hearing on this issue.

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Criminal Practice – ACCA – Prior Convictions – ‘Building’ B&Es (access required)

U.S. v. Foster A defendant’s prior convictions for breaking and entering a restaurant and a “Corner Market” under Virginia’s non-generic burglary statute qualify as violent felonies under the Armed Career Criminal Act, contrary to the district court decision, and the 4th Circuit vacates defendant’s sentence for possession of a firearm as a convicted felon and remands for resentencing.

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