United States v. Dodge, No. 18-4507 (4th Cir. 2020)
Annotate this CaseThe Fourth Circuit affirmed defendant's sentence imposed after he pleaded guilty to possession of a firearm by a felon. The court was bound by its prior decision in United States v. Mungro, 754 F.3d 267, 272 (4th Cir. 2014), holding that the North Carolina breaking and entering statute "sweeps no more broadly than the generic elements of burglary" and therefore its violation qualifies as an Armed Career Criminal Act predicate conviction. Therefore, defendant's previous conviction for breaking and entering, in violation of North Carolina General Statutes 14-54, qualifies as an ACCA predicate conviction under 18 U.S.C. 924(e)(2)(B)(ii).
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