United States v. Coleman, No. 10-3205 (6th Cir. 2011)
Annotate this CaseKeahmbi Coleman pleaded guilty to being a felon in possession of a firearm. The district court imposed an enhanced sentence under the Armed Career Criminal Act (ACCA) based on Coleman's three prior Ohio convictions for burglary and attempted burglary. The court then sentenced Coleman to the mandatory minimum fifteen-year prison term. At issue on appeal was whether burglary or attempted burglary in an occupied structure was categorically violent for the purposes of the ACCA. The Sixth Circuit affirmed the sentence enhancement, holding that because burglary or attempted burglary of an occupied structure creates a risk of physical injury that is similar to the risk posed by generic burglary, the offense is categorically violent under the residual "otherwise" clause of the ACCA.
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