US v. Daye, No. 08-1012

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. 

Read US v. Daye, No. 08-1012

Appellate Information
Appeal from the United States District Court for the District of Vermont.
Submitted: November 18, 2008
Filed: July 10, 2009

Judges
Before MINER, RAGGI, LIVINGSTON, Circuit Judges.
Opinion by LIVINGSTON, Circuit Judge.

Counsel
For Appellant: Mary P. Kehoe, Lisman, Webster & Leckerling, P.C.

For Appellee: William B. Darrow, Assistant United States Attorney.