United States v. Thorne, No. 15-1249 (8th Cir. 2016)
Annotate this CaseDefendant was convicted of possession of a firearm and sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1). Several of defendant's prior felony convictions were for second degree burglary of a dwelling, in violation of Fla. Stat. 810.02(3). Because the government concedes that Fla. Stat. 810.02 does not qualify as a violent felony, the court vacated defendant's sentence and remanded for resentencing without use of the Florida convictions.
Court Description: Per Curiam - Before Smith, Melloy and Colloton, Circuit Judges] Criminal case - Sentencing. The government concedes defendant's Florida convictions for second degree burglary of a dwelling do not qualify as violent felonies, and defendant's sentence is vacated; remanded for resentencing without use of the Florida convictions for enhancement purposes under 18 U.S.C. Section 924(e)
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