United States v. Evans, No. 17-2245 (2d Cir. 2019)Annotate this Case
Defendant appealed the district court's order resentencing him to 180 months in prison after he pleaded guilty to being a felon in possession of a firearm and after the grant of his habeas petition on the ground that his original sentence was rendered retroactively invalid under Johnson v. United States, 135 S.Ct. 2551 (2015).
The Second Circuit affirmed and held that defendant's prior conviction for second degree burglary under North Carolina law qualifies categorically as a violent felony under the Armed Career Criminal Act's "enumerated clause." The court also held that defendant's prior conviction for federal bank robbery qualifies categorically as a violent felony under the ACCA's elements clause. Therefore, the district court did not err by determining that defendant was subject to the ACCA's mandatory minimum term of imprisonment of 180 months.