U.S. v. DAY

No. 05-15676.

465 F.3d 1262 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. James DAY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 27, 2006.


Attorney(s) appearing for the Case

James T. Skuthan and R. Fletcher Peacock, Federal Public Defenders, Orlando, FL, Lisa Call, Federal Public Defender, Jacksonville, FL, for Defendant-Appellant.

Peggy Morris Ronca, Jacksonville, FL, Karin B. Hoppmann, Asst. U.S. Atty., Tampa, FL, for Plaintiff-Appellee.

Before MARCUS, WILSON and COX, Circuit Judges.


PER CURIAM:

In this appeal, we consider whether the sentencing court properly relied on facts alleged in the charging document to determine that a defendant's prior conviction was for a violent felony as defined by the Armed Career Criminal Act, 18 U.S.C. § 924(e).

I. BACKGROUND

James Day pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Day had previously been convicted, under Florida law...

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