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: Fourth Circuit Blog

NC B&E Is ACCA Violent Felony

By Jonathan Byrne

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US v. Dodge: Dodge pleaded guilty to being a felon in possession of a firearm. He argued that his prior conviction North Carolina for breaking and entering were not Armed Career Criminal predicates, arguing that because its definition of ?building? includes any structure designed to house ?property? (among other things) it was broader than the generic definition of burglary. Applying prior Fourth Circuit precedent, the district court disagreed and sentenced Dodge under ACCA, although it did so pursuant to a Government motion for a departure and ultimately imposed a sentence of 88 months.The Fourth Circuit affirmed Dodge?s sentence. The court noted that in its 2014 Mungrodecision it concluded that NC breaking and entering, as interpreted by the NC Supreme Court, fit the generic definition of burglary, but conceded that ?we did not specifically consider the relative scopes of the ?building? elements...continue to full post

Full post as published by Fourth Circuit Blog on July 01, 2020 (boomark / email).