This matter returns to us following an order from the United States Supreme Court.
See United States v. Cunningham,
— U.S. -,
Randall Cunningham was indicted on one count of being a felon in illegal possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The government sought an enhanced sentence, charging that Cunningham had three prior felony convictions. Under the Armed Career Criminal Act, an individual who transports a firearm in interstate commerce and has three previous convictions for a violent felony or a serious drug offense “shall be fined not more than $25,000 and imprisoned not less than fifteen years.” 18 U.S.C. § 924(e)(1). Cunningham argued to the district court that his prior Oregon state conviction for second-degree burglary should not be considered because it was not a “violent felony.” The district court rejected Cunningham’s argument and imposed a sentence of twenty years’ imprisonment.
On appeal we noted that the statute defines “violent felony” to include “burglary.”
Cunningham,
After our decision in
Cunningham,
the Supreme Court rejected the use of the common law definition of burglary for determining whether sentence enhancement is proper under section 924(e).
Taylor,
AFFIRMED.
