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MUTEE v. U.S.

No. 17-15415.

920 F.3d 624 (2019)

Shahid Millkeller MUTEE, Petitioner-Appellant, v. United States of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 4, 2019.

Attorney(s) appearing for the Case

Keith J. Hilzendeger (argued), Assistant Federal Public Defender; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; for Petitioner-Appellant.

Alexander Westbrook Samuels (argued) and Karla Hotis Delord , Assistant United States Attorneys; Krissa M. Lanham , Deputy Appellate Chief; Elizabeth A. Strange , First Assistant United States Attorney; United States Attorney's Office, Phoenix, Arizona; for Respondent-Appellee.

Before: J. Clifford Wallace, Johnnie B. Rawlinson, and Paul J. Watford, Circuit Judges.

OPINION

We must decide in this case whether a conviction under North Carolina's breaking-or-entering statute, N.C. Gen. Stat. § 14-54, qualifies as a predicate felony under the Armed Career Criminal Act (ACCA). We hold that it does.

I

In 1996, Shahid Mutee was convicted of being a felon in possession of a firearm...

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