United States v. Byron Prince

Byron Prince appeals- the sentence imposed following his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Prince chai lenges the district court’s conclusion that his prior California attempted robbery conviction was a “violent felony” under the Armed Career Criminal Act (ACCA). See 18 U.S.C. § 924 (e)(l)-(2)(B). The district court did not err by ruling that attempt to commit robbery under California Penal Code § 211 qualifies as a “violent felony” for purposes of the ACCA because attempted robbery presents a serious potential risk of physical injury to another, and because it is roughly similar, in kind as well as in degree of risk posed, to burglary and extortion, both of which are listed as violent felonies under the ACCA.

FACTS

Prince accidentally shot himself with a revolver on June 21, 2011. The government indicted Prince for being a felon in possession of a firearm, and a jury convicted him. Prince was given a mandatory minimum sentence of fifteen years imprisonment because the district court found he had three prior convictions “for a violent felony ... committed on occasions different from one another,” one of which…