United States v. Maldonado, No. 11-2168 (10th Cir. 2012)
Annotate this CaseIn December 2008, Defendant Joe Maldonado pled guilty to being a felon in possession of a firearm. The presentence report (PSR) concluded that the Armed Career Criminal Act (ACCA) applied to him as a result of three prior burglary convictions, subjecting him to a mandatory sentencing enhancement. Defendant objected, arguing that one of his prior convictions, a first-degree burglary conviction in California, was not a violent felony under the ACCA. The district court overruled the objection and sentenced Defendant to the ACCA-mandated minimum sentence of 15 years. The sole issue on appeal to the Tenth Circuit was whether California's first-degree burglary statute was a violent felony under the ACCA. Upon review, the Court held that it was by virtue of the ACCA's residual clause.
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