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U.S. v. FOSTER

No. 10-5028.

662 F.3d 291 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. John Joel FOSTER, a/k/a Jack Foster, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 30, 2011.

Attorney(s) appearing for the Case

ARGUED: Jean Barrett Hudson , Office of the United States Attorney, Charlottesville, Virginia, for Appellant. Nancy Combs Dickenson , Office of the Federal Public Defender, Abingdon, Virginia, for Appellee. ON BRIEF: Timothy J. Heaphy , United States Attorney, Ashley B. Neese , Assistant United States Attorney, Office of the United States Attorney, Roanoke, Virginia, for Appellant. Larry W. Shelton , Federal Public Defender, Roanoke, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge AGEE wrote the majority opinion, in which Senior Judge HAMILTON joined. Senior Judge HAMILTON wrote a concurring opinion. Judge WYNN wrote a dissenting opinion.

OPINION

AGEE, Circuit Judge:

Under the Armed Career Criminal Act ("ACCA"), a defendant may be sentenced as an Armed Career Criminal (and thus subject to a fifteen-year mandatory minimum sentence) if he violates 18 U.S.C. § 922(g) and has at least three prior convictions for violent felonies or serious drug offenses. 18 U.S.C. § 924(e)(1). Though burglary is an enumerated "violent felony" under § 924...

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