U.S. v. McGEE

No. 04-20847.

460 F.3d 667 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. William Wayne McGEE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 11, 2006.


Attorney(s) appearing for the Case

John B. Kinchen and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Brent Evan Newton, Asst. Federal Public Defender, Houston, TX, for Defendant-Appellant.

Before SMITH, GARZA and CLEMENT, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

William Wayne McGee appeals his sentence enhancement under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e)(1), arguing that each of his prior convictions for second-degree burglary in South Carolina is not a "burglary" as that term is defined in Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Finding no...

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