Legal Opinion

United States v. James Day

Court of Appeals for the Eleventh Circuit

Decided September 27, 2006No. 05-15676PublishedCited by 21 opinions

1Per curiam

In this appeal, we consider whether the sentencing court properly relied on facts alleged in the charging document to determine that a defendant’s prior conviction was for a violent felony as defined by the Armed Career Criminal Act, 18 U.S.C. § 924(e).

I. BACKGROUND

James Day pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Day had previously been convicted, under Florida law, of: (1) breaking and entering a dwelling in 1974, (2) burglary in 1989, and (3) burglary of a dwelling in 1990. He was sentenced as an armed career criminal, defined by…

2Cases cited9 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. United States v. RodriguezCourt of Appeals for the Eleventh Circuit · 2005
  5. United States v. Barry Lawrence SpellCourt of Appeals for the Eleventh Circuit · 1995

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3Cited by21 opinions

  1. United States v. Carl BennettCourt of Appeals for the Eleventh Circuit · 2006
  2. United States v. CantyCourt of Appeals for the Eleventh Circuit · 2009
  3. United States v. Dedrick D. GandyCourt of Appeals for the Eleventh Circuit · 2013
  4. United States v. Edwin DeShaziorCourt of Appeals for the Eleventh Circuit · 2018
  5. United States v. HarrisCourt of Appeals for the Eleventh Circuit · 2010

16 more not listed; retrieve them via the Exa API.

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