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U.S. v. O'BRIEN

No. 91-5800.

972 F.2d 47 (1992)

UNITED STATES of America v. Steven J. O'BRIEN, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 4, 1992.

Attorney(s) appearing for the Case

James J. West, U.S. Atty., Dennis C. Pfannenschmidt, Asst. U.S. Atty. (argued), Harrisburg, Pa., for appellee.

Robert B. MacIntyre (argued), MacIntyre, MacIntyre & Blair, Harrisburg, Pa., for appellant.

Before: HUTCHINSON, COWEN, and GARTH Circuit Judges.

OPINION OF THE COURT

ROBERT E. COWEN, Circuit Judge.

In this appeal, we must decide whether a conviction for attempted breaking and entering at nighttime is a "violent felony" within the purview of 18 U.S.C. § 924(e) (1988 & Supp. II 1990). We conclude that such a conviction is a violent felony, and will affirm the judgment of sentence imposed by the district court.

I.

Appellant Steven J. O'Brien was arrested in March 1991 and...

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