United States v. Turrieta, No. 16-2281 (10th Cir. 2017)
Annotate this CaseThis appeal stems from the sentencing of Paul Turrieta for possession of a firearm and ammunition after a felony conviction. The district court imposed a 15-year sentence based on the Armed Career Criminal Act (ACCA) and three past convictions in New Mexico for residential burglary. Turrieta moved to vacate the sentence under 28 U.S.C. 2255, arguing that the district court had relied on the ACCA’s residual clause and that this clause was unconstitutionally vague. The district court denied the motion, and Turrieta appealed. Finding no reversible error, the Tenth Circuit affirmed.
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