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U.S. v. MALONE

No. 17-5727.

889 F.3d 310 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy David MALONE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 8, 2018.

Attorney(s) appearing for the Case

ARGUED: Robert R. Kurtz , STANLEY & KURTZ, PLLC, Knoxville, Tennessee, for Appellant. Luke A. McLaurin , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee. ON BRIEF: Robert R. Kurtz , STANLEY & KURTZ, PLLC, Knoxville, Tennessee, for Appellant. Luke A. McLaurin , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

Before: GUY, SUTTON, and COOK, Circuit Judges.

OPINION

This appeal presents the latest episode in the saga of determining whether a prior conviction is a "violent felony" for purposes of the Armed Career Criminal Act's sentencing enhancement. Guided by canons of statutory construction, we hold that Kentucky second-degree burglary categorically qualifies as generic...

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