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U.S. v. BENNETT

No. 06-1167.

469 F.3d 46 (2006)

UNITED STATES of America, Appellee, v. William J. BENNETT, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 21, 2006.

Attorney(s) appearing for the Case

Christopher R. Goddu, Federal Defender Office, District of Massachusetts, with whom Kevin Fitzgerald, Federal Defender Office, District of Rhode Island, was on brief, for appellant.

Donald C. Lockhart, Assistant United States Attorney, with whom Robert Clark Corrente, United States Attorney, and Zechariah Chafee, Assistant United States Attorney, was on brief, for appellee.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

TORRUELLA, Circuit Judge.

Defendant-appellant William J. Bennett ("Bennett") pled guilty to possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He now appeals the sentencing enhancements applied pursuant to the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e), on the basis that (1) the predicate conviction for breaking and entering a steel storage shed does not constitute a violent felony, (2) his Sixth Amendment rights were violated when...

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