USA v. Terrance Dowlen


Per Curiam OPINION filed : In light of Johnson's holding, Dowlen's 2004 conviction for second-degree burglary no longer qualifies as an ACCA predicate offense, as the government concedes. As a result, Dowlen no longer has three predicate convictions under ACCA. We therefore REVERSE the district court's determination that Dowlen is an armed career criminal, VACATE his sentence, and REMAND for resentencing; decision not for publication. Gilbert S. Merritt, Martha Craig Daughtrey, and Richard Allen Griffin, Circuit Judges.

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Case: 14-4238 Document: 22-1 Filed: 10/01/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 Filed: October 01, 2015 Mr. Donald Butler Law Office 75 Public Square, Suite 600 Cleveland, OH 44113 Mr. Justin Seabury Gould Office of the U.S. Attorney 801 W. Superior Avenue, Suite 400 Cleveland, OH 44113 Re: Case No. 14-4238, USA v. Terrance Dowlen Originating Case No. : 1:13-cr-00474-1 Dear Counsel: The Court issued the enclosed Opinion today in this case. Sincerely yours, s/Robin L. Johnson Case Manager Direct Dial No. 513-564-7039 cc: Ms. Geri M. Smith Enclosure Mandate to issue

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