United States v. Giggey

OPINION EN BANC

LYNCH, Chief Judge.

The court took this case en banc to consider again whether a conviction for a non-residential burglary is per se a “crime of violence” under the Career Offender Sentencing Guideline, U.S.S.G. § 4B1.2. A career offender finding may lead to a longer sentence for a federal defendant. This court has for some time held that a prior conviction for a burglary which is not of a dwelling is per se a “crime of violence” under the Guidelines. United States v. Sawyer, 144 F.3d 191, 195-96 (1st Cir. 1998); United States v. Fiore, 983 F.2d 1, 4-5 (1st Cir.1992). We now…