United States v. Jones, No. 11-11273 (11th Cir. 2014)
Annotate this CaseDefendant, convicted of being a felon in possession of a firearm and ammunition, appealed his sentence. The court concluded that the district court plainly erred by imposing an enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1). In light of Descamps v. United States, a conviction under Alabama Code 13A-7-7 could not qualify as generic burglary under the ACCA. Therefore, defendant did not have the three qualifying convictions necessary for the enhancement. Further, such error affected defendant's substantial rights. Accordingly, the court vacated the sentence and remanded for resentencing without the ACCA enhancement.
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