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U.S. v. SHEPARD

No. 99-2167.

231 F.3d 56 (2000)

UNITED STATES, Appellant, v. Reginald SHEPARD, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 13, 2000.

Attorney(s) appearing for the Case

Nadine Pellegrini, Assistant U.S. Attorney, with whom Donald K. Stern, United States Attorney, Dina Michael Chaitowitz, Timothy Q. Feeley, Assistant U.S. Attorneys, were on brief for appellant.

Linda J. Thompson, with whom Jacobson & Thompson, P.C., were on brief for appellee.

Before TORRUELLA, Chief Judge, LIPEZ, Circuit Judge and KEETON, District Judge.

LIPEZ, Circuit Judge.

This case requires us to decide the following question: may a sentencing court consider certified copies of police reports and complaint applications to determine whether a defendant pled guilty to three prior "violent felonies" qualifying for sentence enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). This question arises because the Massachusetts breaking and entering statute encompasses unlawful entries into buildings...

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