United States v. Fell

MURPHY, Circuit Judge.

I. Introduction

Defendanh-Appellant, Nathaniel J. Fell, entered a guilty plea to a charge of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). A Presen-tence Investigation Report (“PSR”) recommended that Fell be sentenced as an armed career criminal. See 18 U.S.C. § 924(e). Fell objected to the recommendation, arguing his prior Colorado state conviction for conspiracy to commit second degree burglary is not a violent felony conviction under 18 U.S.C. § 924(e)(2)(B). The district court concluded the Colorado conviction qualifies as a violent…