United States v. Alfred Tucker

GRUENDER, Circuit Judge.

After his conviction as a felon in possession of a firearm, Alfred Tucker received an enhanced sentence under the Armed Career Criminal Act (“ACCA”), which applies to those felons guilty of possession of a firearm who have three prior convictions for a violent felony. See 18 U.S.C. § 924(e). After a panel of this court affirmed his conviction and sentence, we granted rehearing en banc to address whether Tucker’s prior conviction under a Nebraska escape statute qualifies as a violent felony for purposes of the ACCA. Because the elements of the portion of the Nebraska…