Boulanger v. United States, No. 18-1018 (1st Cir. 2020)
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The First Circuit affirmed the order of the district court denying Petitioner's second 28 U.S.C. 2255 petition, holding that the district court did not err.
Petitioner was convicted of using a firearm during a crime of violence (specifically, pharmacy robbery), in violation of 18 U.S.C. 924(c). At sentencing, the district court determined that Petitioner qualified for a sentencing enhancement under the Armed Career Criminal Act (ACCA) because his criminal record included at least three violent felonies, including New Hampshire state court convictions for armed robbery and robbery. After the First Circuit affirmed Defendant's convictions, the law regarding what qualifies as a violent felony under ACCA and what qualifies as a crime of violence for section 924(c) changed. In light of these changes, Petitioner filed a section 2255 motion arguing that his sentence was improperly enhanced under the ACCA. The district court denied the motion. The First Circuit affirmed, holding (1) Petitioner's robbery and armed robbery convictions are ACCA predicate crimes; and (2) pharmacy robbery is a crime of violence under the section 924(c) elements clause.
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