United States v. Roy Schmidt, III

WIENER, Circuit Judge:

Defendant-Appellant Roy Schmidt III appeals his designation as an Armed Career Criminal (“ACC”) under the Armed Career Criminal Act 1 (“the ACCA”). Schmidt pleaded guilty to conspiracy to possess a pipe bomb and to being a convicted felon in possession of a pipe bomb. He now challenges the district court’s sentencing determination that a prior conviction for theft of a firearm from a licensed gun dealer, in violation of 18 U.S.C. § 922(u), is a violent felony for purposes of the ACCA. We affirm.

I. Facts & Proceedings

On and before December 31, 2007, Schmidt agreed with…