United States v. Gundy, No. 14-12113 (11th Cir. 2016)
Annotate this CaseDefendant was convicted of being a felon in possession of firearms and was sentenced to 288 months in prison. The district court determined that defendant was an armed career criminal under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), because he had at least three prior Georgia burglary convictions, each of which qualified as a predicate “violent felony” under the enumerated crimes provision of the ACCA. The court concluded that defendant's state court indictments make clear that defendant's Georgia burglary convictions involved these three elements: (1) an unlawful entry (2) into a dwelling house or building (3) with intent to commit a crime therein. The court explained that these elements substantially conform to the generic definition of burglary. Therefore, the court concluded that defendant's prior Georgia burglary convictions qualify as violent felonies under the ACCA’s enumerated crimes clause. Because the district court did not err in sentencing defendant as an armed career criminal, the court affirmed the judgment.
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