Ohio conviction for third-degree burglary is violent felony for sentencing under Armed Career Criminal Act

SENTENCING United States v. Scoville, No. 07-8094, ___ F.3d ___ (10th Cir. Apr. 8, 2009)(Wyoming). Appeal of sentence for being felon in possession of firearm in violation of 18 U.S.C. § 924(g)(1) and (a)(2). HELD: Ohio conviction for third-degree burglary is violent felony for sentencing under Armed Career Criminal Act. As defined by Ohio statute, third-degree burglary causes serious potential risk of physical injury to another. Read the opinion here.