DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101886P.pdf 02/28/2011 United States v. James Boyce
U.S. Court of Appeals Case No: 10-1886
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Murphy, Author, with Hansen and Melloy, Circuit Judges]
Criminal Case - sentence. Government appeals district court's refusal to
sentence Boyce under the Armed Career Criminal Act. District court
erred in concluding possession of a weapon in a correctional facility is
not a violent felony because conviction presents serious potential risk of
physical injury to another and involves purposeful, violent, and
aggressive conduct, similar in kind as well as degree of risk posed to the
offenses listed in section 924(e). Because this conviction was Boyce's
third violent felony, he is subject to sentencing as an armed career
criminal.