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U.S. v. HOWARD

No. 12-15756.

742 F.3d 1334 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Frank M. HOWARD, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 19, 2014.

Attorney(s) appearing for the Case

Christopher B. Brinson , Steven E. Butler , Donna Barrow Dobbins , Gina S. Vann , U.S. Attorney's Office, Mobile, AL, for Plaintiff-Appellee.

Christopher Knight , Kristen Gartman Rogers , Carlos Alfredo Williams , Federal Defender's Office, Mobile, AL, for Defendant-Appellant.

Before CARNES, Chief Judge, DUBINA, Circuit Judge, and ROSENTHAL, District Judge.

CARNES, Chief Judge:

This Court has held that a conviction under Alabama's third-degree burglary statute, Ala.Code § 13A-7-7, can qualify as a "violent felony" under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1). See United States v. Rainer, 616 F.3d 1212, 1213 (11th Cir.2010). The settled law of that decision has been unsettled by the Supreme Court's recent decision in Descamps v. United States,...

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