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U.S. v. GORE

No. 09-41064.

636 F.3d 728 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas GORE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 25, 2011.

Attorney(s) appearing for the Case

Traci Lynne Kenner , Asst. U.S. Atty. (argued), Tyler, TX, Lisa Grisset Flournoy , Asst. U.S. Atty., Lufkin, TX, for U.S.

Albert John Charanza, Jr. (argued) (Court-Appointed), Charanza Law Office, P.C., Lufkin, TX, for Gore.

Before HIGGINBOTHAM, CLEMENT and OWEN, Circuit Judges.

OWEN, Circuit Judge:

In this direct appeal Thomas Gore contends that his prior Texas conviction for conspiracy to commit aggravated robbery is not a violent felony within the meaning of the Armed Career Criminal Act (ACCA)1 and that the district court erred in sentencing him as a career offender. We affirm.

I

Gore pled guilty to possessing a firearm after being convicted of a felony, in

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