Sentence for being a felon in possession of a firearm is vacated and remanded where: 1) defendant's prior state conviction for engaging in a sexual act with a minor satisfies the standard articulated in Begay and is therefore a violent felony under the residual clause of the Armed Career Criminal Act; and 2) the District Court must consider of remand whether Defendant's escape conviction constitutes a conviction for a violent felony under Chambers, and whether his two prior state convictions stem from conduct committed on different occasions for purposes of the Act.
Appeal from the United States District Court for the District of Vermont.
Submitted: November 18, 2008
Filed: July 10, 2009
Before MINER, RAGGI, LIVINGSTON, Circuit Judges.
Opinion by LIVINGSTON, Circuit Judge.
For Appellee: William B. Darrow, Assistant United States Attorney.