Nye

MEMORANDUM ***

Defendant Allen Nye appeals his 180-month sentence for felon in possession of a firearm in violation of 18 U.S.C. § 922 (g), arguing the district court erred in sentencing him under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e)(1). We affirm.

The ACCA provides a mandatory fifteen-year sentence for a defendant who violates 18 U.S.C. § 922 (g) and has three previous convictions for violent felonies or a serious drug offense, or both. 18 U.S.C. § 924 (e)(2)(B)(ii). The ACCA defines “violent felony” as “any crime punishable by imprisonment for a term exceeding one year ... that ... is burglary.” Id. at § 924(e)(2)(B)(ii). The ACCA does not define burglary, but the Supreme Court has defined it as “any crime, regardless of its exact definition or label, having the basic elements of unlawful or unprivileged entry into, or remaining in, a building or structure, with intent to commit a crime.” Taylor v. United States, 495 U.S. 575, 599 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990).

The Taylor Court recognized that the definition of burglary varies among state criminal codes and therefore provided a “categorical approach” to determining whether the ACCA should…