Legal Opinion

United States v. Dority

Court of Appeals for the Tenth Circuit

Decided January 23, 2013No. 12-7064Unpublished

1Opinion of the Court

ORDER AND JUDGMENT *

NEIL M. GORSUCH, Circuit Judge.

After Ricky Dority was convicted for being a felon in possession of a firearm, the district court turned to the question of sentencing. Finding that Mr. Dority had at least three prior violent felony convictions, the court held it was obliged to apply a fifteen year mandatory sentence under the Armed Career Criminal Act (ACCA). See 18 U.S.C. § 924(e). Mr. Dority disputed whether one of the prior convictions the district court cited — a conviction for escaping a penal institution — qualified as a “violent felony” as that term is used in the…

2Cases cited10 opinions

  1. Chambers v. United StatesSupreme Court of the United States · 2009
  2. United States v. BeggerlySupreme Court of the United States · 1998
  3. Bradshaw v. StoryCourt of Appeals for the Tenth Circuit · 1996
  4. Prost v. AndersonCourt of Appeals for the Tenth Circuit · 2011
  5. United States v. TorresCourt of Appeals for the Tenth Circuit · 2002

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