Legal Opinion

United States v. Cummings

Court of Appeals for the Tenth Circuit

Decided July 8, 2008No. 19-1381PublishedCited by 6 opinions

1Opinion of the Court

EBEL, Circuit Judge.

Defendant-Appellant Richard Cummings appeals his fifteen-year statutory mandatory minimum sentence imposed pursuant to 18 U.S.C. § 924(e). Cummings contends that his three prior burglary convictions under Maine law do not qualify as “violent felonies” for the purposes of § 924(e). We disagree. The district court properly sentenced Cummings pursuant to § 924(e) because the Maine burglary statute is consistent with the generic definition of burglary the Supreme Court adopted in Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). We have…

2Cases cited6 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
  4. United States v. SawyerCourt of Appeals for the First Circuit · 1998
  5. United States v. KingCourt of Appeals for the Tenth Circuit · 2005

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3Cited by6 opinions

  1. United States v. TittiesCourt of Appeals for the Tenth Circuit · 2017
  2. United States v. Ramon SilvaCourt of Appeals for the Tenth Circuit · 2010
  3. United States v. Rivera-OrosCourt of Appeals for the Tenth Circuit · 2009
  4. United States v. Juarez-GalvanCourt of Appeals for the Tenth Circuit · 2009
  5. United States v. Ramon SilvaCourt of Appeals for the Tenth Circuit · 2010

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