United States Court of Appeals for the First Circuit
478 F.3d 48 (1st Cir. 2007)
Gary Miller (defendant) pled guilty to being a felon in possession of a handgun. At Miller’s sentencing hearing in federal district court, the prosecution argued that Miller should be sentenced as an armed career criminal, partly because of a prior burglary conviction in state court. The district court agreed and sentenced Miller as an armed career criminal. In doing so, the district court relied on the state court’s characterization of Miller’s burglary conviction during a plea colloquy. During the colloquy, Miller had not objected or sought to correct the state court’s characterization of the burglary, despite being given multiple opportunities to do so. Miller appealed the district court’s sentence, arguing that the district court had erred by using the state court’s characterization of the prior burglary, because Miller had not assented to the characterization.
Rule of Law
Holding and Reasoning (Selya, J.)
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