Public Defense

Another February Case

By Chris Goddu

Miller

Connecticut burglary counted as predicate violent felony under the Armed Career Criminal statute (18 USC 924(e)(1)) where, though statute is non-generic, D?s state plea colloquy transcript indicated that judge characterized offense as ?break-in at Trader Jack?s? and said that D should stay out of Trader Jack?s and other stores he was not charged with. Though D did not expressly assent to court characterizations, D adoptively admitted them by remaining silent. Ruling by federal district court that Trader Jack?s was a store not clearly erroneous. ACC predicates need not be proved to jury beyond reasonable doubt under Almendarez-Torres.

Full post as published by First Circuit Federal Defender Blog on February 28, 2007 (boomark / email).