Professional Documents
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United States v. Schofield, 1st Cir. (1997)
United States v. Schofield, 1st Cir. (1997)
No. 96-2332
Appellee,
v.
MICHAEL V. SCHOFIELD,
Defendant, Appellant.
____________________
____________________
Before
____________________
United States
Assistant United States Attorney, were on brief for the United Stat
____________________
Per Curiam.
__________
of
being a
922(g),
years
"felon in
possession" of
and received
a mandatory
imprisonment
("ACCA"),
id.
___
under
the
924(e)(1).
a firearm,
minimum sentence
Armed
He
18 U.S.C.
Career
now appeals
of 15
Criminal
Act
this sentence,
We
The
ACCA
establishes
three
mandatory
minimum
and has
one another."
15-year
a violent felony
or a serious
18 U.S.C.
924(e)(1).
Prior to Schofield's
with six
described
in his
On appeal,
he
violent felony
Schofield
Presentence Investigation
does not
of one
does,
convictions
challenge the
Report ("PSR").
classification as
robbery conviction.
however,
were
not
for
argue
See PSR
___
that
"violent
the
felonies"
40.
other
five
within
the
Schofield's
argument
respect to
his prior
See
___
38.
PSR
knocked
seem
extraordinary
In the
his victim
might
course
to the
of that
pavement and
-2-2-
with
degree robbery.
offense, Schofield
stole
her purse--
certainly
"violent"
level of
abstraction
predicate
prior offenses,
600 (1990).
to
only to
and not
convictions."
But the
and requires
convictions,
approach, looking
those
conduct.
employ
ACCA operates
courts,
"a
at a
in
determining
formal
categorical
to the particular
of the
facts underlying
Nevertheless,
offense is
ACCA.
The
Rhode
Island's
plainly a predicate
statute--unchanged
second
"robbery or
other larceny
robbery
in
pertinent
as
degree
from the
of the
part
since
degree robbery
person by
force or
is
Gen.
Laws
11-39-1.
The
"force
or threat"
R.I.
requirement
"has
of
924(e)(2)(B).1
18 U.S.C.
____________________
1Accord
______
Cir.
1995)
"violent
United States v.
_____________
(New
felony"),
York
Brown, 52
_____
F.3d 415,
attempted robbery
cert. denied,
____________
116
S.
F.3d 64, 69
426 (2d
conviction
is
Ct. 754
(1996);
felony").
-3-3-
We
are
left
to
determine
predicate
offense, bringing
"violent
felonies."
One
breaking
and entering
violation of R.I.
have
previously
violate this
U.S.S.G.
F.2d
(1st
one
three the
those
commercial or
11-8-4.
that convictions
more
total number
convictions
was
public building
See
___
for
of
PSR
39.2
conspiracy
of
for
in
We
to
Cir. 1992),
or
meaning of
1, 4
of
Gen. Laws
held
to
whether
v. Fiore, 983
_____
U.S.
1024
are pertinent
in
construing the
United States
_____________
(Under
occupied
Because the
felonies"
category, see
___
Taylor,
______
or
ACCA's "violent
it
there
is
was
irrelevant whether
any
actual
the
school
threatened
was
violence.)
offense was a
Finally,
Schofield
contends
that
the
various
prior
____________________
2As
Schofield observes,
the state
judgment and
other
But Schofield
does not
involved
the
building.
breaking
and
portrayal of the
entering
of
offense, which
public
school
this crime.
11-8-2 et seq.
_______
-4-4-
another,"
relied
took
place
But there is no
on
different
dates
and
at
we have
different
locations,
v.
Riddle, 47
______
thinking
adopted a
the
F.3d 460,
primarily
about
definition of
duration of
462 (1st
the
we
Cir. 1995).
protection
of
the career
district court
United States
_____________
. .
. or
the lack
the crimes."
Id.
___
"Congress,
the
public,
that ignores
of lengthy
Because the
Affirmed.
________
-5-5-