United States v. Joshua John Burge

DUBINA, Circuit Judge:

In this case, the government charged the defendant/appellant Joshua John Burge with the illegal possession of a fíre-arm by a previously convicted felon in violation of 18 U.S.C. § 922(g)(1). Burge entered a guilty plea, and the district court sentenced him under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), to 190 months imprisonment. Burge filed this appeal challenging the constitutionality of his sentence under the ACCA and United States v. Booker, — U.S. —, 125 S.Ct. 738, 756, 160 L.Ed.2d 621 (2005). For the reasons that follow, we affirm.

I. BACKGROUND

Th…