United States v. William E. MillerUnited States v. William E. Miller
Case Information
*1 Before COLLOTON, BEAM, and GRUENDER, Circuit Judges.
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PER CURIAM.
William Miller appeals his conviction for unlawful possession of a firearm as a previously convicted felon. He argues that the district court [1] erred in concluding that he was an armed career criminal, subject to a statutory minimum sentence of fifteen years’ imprisonment, see 18 U.S.C. § 924(e)(1), and by enhancing his advisory guideline range based on his possession of a firearm in connection with another felony, USSG § 2K2.1(b)(5) (Nov. 2005). We affirm.
*2 Miller pled guilty to unlawful possession of the handgun as a previously- convicted felon, in violation of 18 U.S.C. § 922(g)(1). He was charged after police found a semi-automatic handgun in a stolen van that Miller was driving at the time of a traffic accident.
Prior to the instant offense, Miller had sustained three prior felony convictions
for theft of a motor vehicle, two for attempted theft of a vehicle, and two for
unauthorized use of a motor vehicle. Under the Armed Career Criminal Act, 18
U.S.C. § 924(e)(1), a statutory minimum sentence of fifteen years’ imprisonment
applies if at least three of Miller’s prior convictions are “violent felonies” under 18
U.S.C. § 924(e)(2)(B).
See United States v. Wilson,
Because Miller was sentenced to the statutory minimum term of imprisonment, a favorable ruling on the question whether he possessed a firearm in connection with another felony could not reduce his sentence, so we need not consider the issue. The judgment of the district court is affirmed.
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Notes
[1] The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota.