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U.S. v. PRATER

No. 13-5039.

766 F.3d 501 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Douglas PRATER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

September 2, 2014.

Attorney(s) appearing for the Case

ON BRIEF: Laura E. Davis , Federal Defender Services of Eastern Tennessee, Inc., Knoxville, Tennessee, for Appellant.

Robert M. Reeves , United States Attorney's Office, Greeneville, Tennessee, for Appellee.

BOGGS, J., delivered the opinion of the court, in which WHITE, J., joined. BATCHELDER, J. (pp. 519-23), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

This case presents the question whether a conviction for third-degree burglary under New York law is categorically a "violent felony" under 18 U.S.C. § 924(e), commonly referred to as the Armed Career Criminal Act (ACCA). A jury convicted Paul Prater of being a felon in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1). The district court determined that Prater qualified for an enhanced mandatory minimum...

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