In a prosecution for possession by a felon of a firearm, district court's imposition of a 92-month sentence instead of the minimum 15-years' imprisonment is vacated and remanded as a North Carolina conviction for breaking and entering under North Carolina General Statutes section 14-54(a) is, as a matter of law, a violent felony within the meaning of ACCA.
Argued: September 24, 2009
Decided: December 2, 2009
Opinion by District Judge Niemeyer
For Appellant: Ann Margaret Hayes, Office of the United States Attorney
For Appellee: Debra Carroll Graves, Office of the Federal Public Defender