United States v. Junior C. Menteer

This case is before us on. remand from the United States Supreme Court for further consideration because of its recent decision in Shepard v. United States, — U.S. —, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). Shepard held a sentencing court cannot consider police reports to determine whether a plea of guilty to a “non-generic” burglary statute qualifies as a violent felony under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), but is limited to considering “the terms of the charging document, the terms of a plea agreement or transcript of colloquy between judge and defendant in which…