United States v. Richard Brumback

OPINION

JANE B. STRANCH, Circuit Judge.

Richard Brumback appeals hid sentence of 180 months of imprisonment imposed after the district court determined that his three previous convictions for third-degree burglary under Kentucky law qualified as violent felony crimes under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Because the record is insufficient to determine whether the ACCA was properly applied, we REVERSE Brum-back’s sentence and REMAND for resen-tencing.

I. BACKGROUND

Brumback was charged in two counts of an indictment with knowingly possessing a firearm after having been…