U.S. v. MILLER

No. 11-3788.

721 F.3d 435 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Carl T. MILLER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 27, 2013.


Attorney(s) appearing for the Case

Matthew L. Jacobs (argued), Attorney, Jonathan H. Koenig , Attorney, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Patrick Kieran Cafferty (argued), Attorney, Patrick Cafferty Law Office, S.C., Racine, WI, for Defendant-Appellant.

Before WOOD, SYKES, and TINDER, Circuit Judges.


TINDER, Circuit Judge.

When Carl T. Miller pleaded guilty to being a felon in possession of a firearm in 2011, the government contended that three of his prior convictions qualified as "violent felonies" requiring a mandatory minimum 15-year sentence under the Armed Career Criminal Act (ACCA). See 18 U.S.C. § 924(e)(1). Miller did not dispute that his two burglary convictions qualified as violent felonies but he objected to the third prior offense —...

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