United States v. Priddy, No. 15-5136 (6th Cir. 2015)
Annotate this CasePriddy pled guilty to two counts of being a felon in possession of a firearm, 18 U.S.C. 922(g). His presentence report recommended that the court adjudge Priddy an armed career criminal (18 U.S.C. 924(e)(1)), identifying two 1991 aggravated burglary convictions, a 1994 robbery conviction, a 1999 aggravated burglary convictions, and two 2005 burglary convictions. Defense counsel explained to Priddy that he qualified for the ACCA sentencing enhancement, but Priddy did not understand. Defense counsel then conceded that Priddy was subject to the ACCA’s enhancement. Priddy was allowed to speak and questioned why his two 1991 convictions, for which he was sentenced concurrently, counted as separate convictions. He denied committing two separate burglaries and stated that he only pled guilty to two charges because he was promised a concurrent sentence. The district court ruled that the ACCA enhancement applied, finding that Priddy’s three aggravated burglary convictions and his robbery conviction were violent felonies for purposes of the ACCA. The court did not address the 2005 burglary convictions, and sentenced Priddy to a statutory minimum term of 180 months. The Sixth Circuit affirmed. The district court correctly found that four prior convictions constituted violent felonies under the ACCA’s enumerated-offense and use-of-force clauses.
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