New Mexico conviction for commercial burglary is conviction for violent felony under Armed Career Criminal Act
United States v. King,
No. 04-2137, ___ F.3d ___ (10th Cir. Aug. 31, 2005)(New Mexico).
Appeal of sentence enhancement under Armed Career Criminal Act for being felon in possession of firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
HELD: New Mexico conviction for commercial burglary is conviction for violent felony for sentencing purposes under federal Armed Career Criminal Act. District court properly considered indictment and plea agreement in prior proceeding to determine that defendant unlawfully entered structure and was therefore convicted of all elements of violent felony burglary as required by Supreme Court in Taylor v. United States, 495 U.S. 575 (1990).
Read the opinion here.