State conviction for conspiracy to commit second degree burglary is not violent felony for sentencing purposes of Armed Career Criminal Act

SENTENCING/STATUTORY CONSTRUCTION United States v. Fell, No. 06-1438, ___ F.3d ___ (10th Cir. Dec. 18, 2007)(Colorado). Appeal of sentence for being felon in possession of firearm in violation of 18 U.S.C. § 922(g). HELD: Colorado conviction for conspiracy to commit second degree burglary is not violent felony for purposes of minimum mandatory sentencing provisions of Armed Career Criminal Act at 18 U.S.C. § 924(e). Although collaborative efforts of two or more individuals to commit second degree burglary admittedly increase potential risk to social order because of increased likelihood of additional and more complex criminal activity, it is not possible to conclude this elevated risk to society is comparable to risk of physical harm to others inherent in enumerated crime of burglary. Read the opinion here.