Juvenile conviction for aggravated robbery is violent crime for purposes of sentencing under Armed Career Criminal Act

SENTENCING U.S. v. Nevels, No. 06-1240, ___ F.3d ___ (10th Cir. Jun 6, 2007)(Colorado). Appeal of convictions and sentence for possession of firearm by previously convicted felon and possession of firearm with altered serial number in violation of 18 U.S.C. §§ 922(g)(1), (2), 922(k). HELD: Juvenile conviction for aggravated robbery is violent crime for purposes of sentencing under Armed Career Criminal Act at 18 U.S.C. § 924(e)(1). District court need not look beyond fact of conviction and examine underlying facts of conviction to determine if juvenile adjudication may serve as a predicate offense under Armed Career Criminal Act. Armed Career Criminal Act intends that sentencing court look only to fact that defendant had been convicted of crimes falling within certain categories, and not to facts underlying the prior convictions. Read the opinion here.