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U.S. v. WHITTAKER

No. 1039, Docket 89-1613.

907 F.2d 18 (1990)

UNITED STATES of America, Appellee, v. Stanley C. WHITTAKER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 22, 1990.

Attorney(s) appearing for the Case

Barry E. Griffith, Rutland, Vt., for defendant-appellant.

John M. Conroy, Burlington, Vt., Asst. U.S. Atty., D. Vt. (George J. Terwilliger, III, U.S. Atty., D. Vt., David V. Kirby, Chief, Cr. Div., of counsel), for appellee.

Before TIMBERS, PRATT, and MINER, Circuit Judges.

PER CURIAM:

This case presents an issue of first impression in this circuit: whether breaking and entering into commercial buildings with felonious intent constitutes burglary for purposes of sentence enhancement under the Career Criminals Amendment Act of 1986, 18 U.S.C. § 924(e). Chief Judge Franklin S. Billings of the United States District Court of Vermont imposed a mandatory minimum 15 year term of imprisonment on defendant Stanley Whittaker pursuant to...

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