U.S. v. CUMMINGS

No. 07-8004.

531 F.3d 1232 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Lee CUMMINGS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 8, 2008.


Attorney(s) appearing for the Case

Daniel G. Blythe, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Cheyenne, WY, for Defendant-Appellant.

Kerry J. Jacobson, Assistant United States Attorney (Matthew H. Mead, United States Attorney, with her on the brief), Lander, WY, for Plaintiff-Appellee.

Before McCONNELL, SEYMOUR, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

Defendant-Appellant Richard Cummings appeals his fifteen-year statutory mandatory minimum sentence imposed pursuant to 18 U.S.C. § 924(e). Cummings contends that his three prior burglary convictions under Maine law do not qualify as "violent felonies" for the purposes of § 924(e). We disagree. The district court properly sentenced Cummings pursuant to § 924(e) because the Maine burglary statute is consistent with the generic definition...

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