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U.S. v. GIGGEY

No. 07-2317.

551 F.3d 27 (2008)

UNITED STATES of America, Appellee, v. Timothy GIGGEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 22, 2008.

Attorney(s) appearing for the Case

James S. Hewes, for appellant.

Judith H. Mizner, Assistant Federal Public Defender, for the Federal Public Defender for the Districts of Massachusetts, New Hampshire and Rhode Island, amicus curiae.

Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief for appellee.

Before LYNCH, Chief Judge, TORRUELLA, BOUDIN, LIPEZ, and HOWARD, Circuit Judges.

OPINION EN BANC

LYNCH, Chief Judge.

The court took this case en banc to consider again whether a conviction for a non-residential burglary is per se a "crime of violence" under the Career Offender Sentencing Guideline, U.S.S.G. § 4B1.2. A career offender finding may lead to a longer sentence for a federal defendant. This court has for some time held that a prior conviction for a burglary which is not of a dwelling is per se a "crime of violence" under...

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