Legal Opinion

United States v. Paul Prater

Court of Appeals for the Sixth Circuit

Decided September 2, 2014No. 13-5039PublishedCited by 22 opinions

1Opinion of the CourtBoggs, J., joined by White, J.,

BATCHELDER, J. (pp. 519-23), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

This case presents the question whether a conviction for third-degree burglary under New York law is categorically a “violent felony” under 18 U.S.C. § 924(e), commonly referred to as the Armed Career Criminal Act (ACCA). A jury convicted Paul Prater of being a felon in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1). The district court determined that Prater qualified for an enhanced mandatory minimum sentence under the ACCA and an increased offense level under the Guidelines…

2Cases cited33 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. United States v. YoungSupreme Court of the United States · 1985
  4. Shepard v. United StatesSupreme Court of the United States · 2005
  5. Puckett v. United StatesSupreme Court of the United States · 2009

28 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. United States v. Donald PriddyCourt of Appeals for the Sixth Circuit · 2015
  2. Carlos Rendon v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2015
  3. United States v. Richard MathisCourt of Appeals for the Eighth Circuit · 2015
  4. United States v. Nathaniel OzierCourt of Appeals for the Sixth Circuit · 2015
  5. United States v. Yahir LaraCourt of Appeals for the Sixth Circuit · 2014

17 more not listed; retrieve them via the Exa API.

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