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United States v. Hughes

Appellant was convicted of being a felon in possession of a firearm under 18 U.S.C. �922(g) and sentenced to 293 months in prison in accordance with the Armed Career Criminal Act (ACCA) on the basis that he had previously committed three violent felonies. Since appellant's third prior conviction for violating the federal escape statute, 18 U.S.C. �751(a), is a violent felony, which qualified Hughes for enhanced sentencing under the ACCA, the sentence as well as the conviction are both affirmed. 5th U.S. Circuit Court of Appeals, No. 08-60870, 04-05-2010

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Before KING, JOLLY, and STEWART, Circuit Judges.

David Earl Hughes was convicted of being a felon in possession of a firearm under 18 U.S.C. § 922(g) and sentenced to 293 months in prison in accordance with the Armed Career Criminal Act (“ACCA”) on the basis that he had previously committed three violent felonies. The § 922(g) conviction raises no grounds requriring reversal and we affirm. Our opinion is primarily concerned with whether Hughes’s third prior conviction for violating the federal escape statute, 18 U.S.C. § 751(a), is a violent felony, as the district court held, which qualified Hughes for enhanced sentencing under the ACCA. We hold that this previous conviction under § 751(a) was for a violent felony and consequently we affirm the sentence as well as the conviction.

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