United States v. Dan Tompkins

MEMORANDUM

Dan Tompkins appeals the district court’s application of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e), in sentencing Tompkins following his jury conviction of one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). We affirm.

The district court correctly concluded that Tompkins is an armed career criminal because he has at least three previous convictions for violent felonies under the ACCA. See 18 U.S.C. § 924 (e)(1). Tomp-Mns admits that he has one qualifying prior conviction, but argues that his burglary convictions do not qualify as violent felonies. Because we find that his previous burglary convictions qualify as two separate offenses under the ACCA, we need not reach the issue of whether his prior convictions for escape and attempt to elude qualify as violent felonies under the ACCA.

The ACCA includes in its definition of “violent felony” any crime that “is burglary, arson, or extortion, involves the use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” 18 U.S.C. § 924 (e)(2)(B)(ii). TompMns was convict ed of two counts of burglary under the…