United States v. Timothy Thornton

KELLY, Circuit Judge.

Timothy Thornton pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Based on Thornton’s criminal history, the presentence investigation report (PSR) recommended that he qualified as an “armed career criminal” under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1). Over Thornton’s objection, the district court agreed and sentenced him to 15 years’ imprisonment, the ACCA’s mandatory minimum. Because we conclude Thornton lacked the three predicate offenses necessary to be considered an armed career…