US v. Earnest Baxter, No. 10-4080 (4th Cir. 2011)
Annotate this CaseDefendant appealed his sentence after being convicted of one count of possession of a firearm by a convicted felon where he was sentenced under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. 924(e), to the mandatory minimum period of incarceration, 180 months. At issue was whether the government satisfied its burden of establishing that defendant's 1976 conviction in state court qualified as a predicate offense under the ACCA. The court affirmed the sentence and held that the government satisfied its burden where the reference to "shop" in the indictment "necessarily established" that defendant's burglary conviction was based on his entry into a structure that was "affixed to the ground," namely, "a building" under Taylor v. United States.
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