Legal Opinion

United States v. Lloyd Curry

Court of Appeals for the Fifth Circuit

Decided January 14, 2014No. 12-30518Unpublished

1Opinion of the Court

PER CURIAM: *

Having pleaded guilty to, inter alia, felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), Lloyd E. Curry does not challenge his conviction; he contests only his 336-month sentence, resulting from the district court’s classifying him as an armed career criminal under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1). Primarily at issue are whether a prior conviction for attempted aggravated oral sexual battery constitutes a “violent felony” under the ACCA and the applicable standard of review. For this appeal, review is only for plain error. AFFIRMED.

2Cases cited17 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Kolender v. LawsonSupreme Court of the United States · 1983
  3. Puckett v. United StatesSupreme Court of the United States · 2009
  4. Johnson v. United StatesSupreme Court of the United States · 2010
  5. Begay v. United StatesSupreme Court of the United States · 2008

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