Conviction and sentence for firearms possession and other crimes is affirmed where: 1) the district court acted within its discretion in denying defendant's third motion for a competency hearing based on the record evidence of his behavior; and 2) the court did not err in concluding that defendant's three prior third-degree burglary convictions in Florida were violent felonies within the meaning of the Armed Career Criminal Act and sentencing him accordingly as the convictions satisfied the elements of the Act's residual clause.
Appeal from the United States District Court for the District of Maine.
Filed on JUNE 30, 2009
Before Lynch, Chief Judge, Farris, and Howard, Circuit Judges.
Opinion by Howard, Circuit Judge.
For Appellant: Michael Tumposky.
For Appellee: Margaret D. McGaughey, United States Attorney.