Wyoming conviction for burglary may be used for sentencing under Armed Career Criminal Act

SENTENCING United States v. Gonzales, No. 06-8082, ___ F.3d ___ (10th Cir. Mar. 16, 2009)(Wyoming). Appeal of sentence imposed under Armed Career Criminal Act, 18 U.S.C. § 924(e), for being felon in possession of firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). HELD: District court did not err by determining that defendant’s prior Wyoming burglary conviction was burglary for purposes of sentencing under Armed Career Criminal Act at 18 U.S.C. § 924(e). Fact that Wyoming burglary statute included vehicles among places that could be burglarized did not remove Wyoming conviction for burglary from category of burglaries that could be used for sentence enhancement because in this instance charging information and record of plea colloquy made clear that conviction was for burglary of building. Read the opinion here.