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United States v. Mungro

United States Court of Appeals, Fourth Circuit

June 11, 2014

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
HARVEY LEE MUNGRO, JR., a/k/a Harvey Lee Mungro, Defendant - Appellant

Argued May 15, 2014.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. (3:11-cr-00370-FDW-1). Frank D. Whitney, Chief District Judge.

ARGUED:

Joshua B. Carpenter, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant.

Amy Elizabeth Ray, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

ON BRIEF:

Henderson Hill, Executive Director, Kevin Tate, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant.

Anne M. Tompkins, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Before TRAXLER, Chief Judge, and NIEMEYER and DUNCAN, Circuit Judges. Judge Duncan wrote the opinion, in which Chief Judge Traxler and Judge Niemeyer joined.

OPINION

Page 268

DUNCAN, Circuit Judge:

Harvey Lee Mungro brings this appeal challenging his sentence for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). The district court concluded that Mungro was subject to a mandatory minimum sentence of 15 years' imprisonment under the Armed Career Criminal Act (" ACCA" ), 18 U.S.C § 924(e), due to Mungro's three prior state convictions for " breaking or entering" in violation of N.C. Gen. Stat. § 14-54(a). For the reasons below, we affirm.

The question presented here is a simple one: does North Carolina's " breaking or entering" offense qualify as burglary and, thus, as a predicate offense under the ACCA? In answering this question, we first review the legal framework for categorizing state-law offenses under the ACCA. We then apply ...


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