United States of America, Plaintiff-Appellee-Cross-Appellant v. Edward Harry Weekley, Defendant-Appellant-Cross-Appellee

Opinion by Judge WRIGHT.

EUGENE A. WRIGHT, Circuit Judge.

A risk is a risk. But a risk of a risk is not enough of a risk. Every predicate attempted burglary conviction under the Armed Career Criminal Act must encompass conduct posing a risk of violent confrontation. It is not enough that most convictions would encompass such conduct.

BACKGROUND

The district court sentenced Edward Weekley to 65 months imprisonment for being a felon in possession of a firearm. 18 U.S.C. § 922(g). The government argued that because he had three prior violent felony convictions, two for burglary and one for attempted…