United States v. Harrimon

BENAVIDES, Circuit Judge:

In this case we consider whether a violation of Texas Penal Code § 38.04(b)(1) (evading arrest or detention by use of a vehicle) is a “violent felony” for the purposes of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). We hold that it is.

I

On January 11, 2008, Defendanb-Appellee Richard Ray Harrimon pleaded guilty to two counts of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1), 1 which is generally punishable by up to ten years in prison, id. § 924(a)(2). The ACCA, however, “imposes a more stringent 15-year mandatory…