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United States v. Lee

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Before EDMONDSON, BIRCH and COX, Circuit Judges.

Shawntrail Lee appeals his conviction for being a felon in possession of a firearm. He asserts that the district court erred in denying his motion to suppress the gun that was found in his co-defendant’s car and abused its discretion in denying his motion for a new trial based upon allegedly improper jury instructions. Lee further challenges his 180-month sentence on the grounds that the district court erred in finding that his prior convictions under New Jersey law for conspiracy, eluding a police officer, and escape were violent felonies under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). We conclude that Lee lacks standing to contest the search that led to the discovery of the gun and that his challenge to the district court’s denial of his motion for a new trial is without merit. Accordingly, we AFFIRM his conviction. However, because Lee’s prior conviction for a “walkaway” escape is not a “violent felony” under § 924(e)(2)(B)(ii) of the ACCA, a matter of first impression after the Supreme Court’s decision in Chambers v. United States, ___ U.S. ___, 129 S.Ct. 687 (2009), we VACATE his sentence and REMAND to the district court for resentencing.

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