United States v. Michael Eugene Harkey

EUGENE A. WRIGHT, Circuit Judge:

We consider whether the district court properly refused to sentence Michael Eugene Harkey under 18 U.S.C. § 924(e)(1), the Armed Career Criminal Act (ACCA). We affirm.

FACTS AND PROCEDURAL BACKGROUND

Harkey was found guilty by a jury of being a felon illegally possessing a firearm, a violation of 18 U.S.C. § 922(g)(1). The government urged the court to enhance his sentence under the ACCA, arguing that his five prior convictions qualified as the basis of sentence enhancement. 1 In a published opinion, Judge Quackenbush held that second degree burglary, as defined…