United States of America v. Alvin Jackson

United States Court of Appeals
For the First Circuit
No. 04-1506
UNITED STATES OF AMERICA,
Appellee,
v.
ALVIN JACKSON,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. D. Brock Hornby, U.S. District Judge]
Before
Lynch, Circuit Judge,
Campbell, Senior Circuit Judge,
and Howard, Circuit Judge.
Holly T. Smith for appellant.
Margaret D. McGaughey, Appellate Chief, with whom Paula D.
Silsby, United States Attorney, was on brief, for appellee.
June 2, 2005

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1In Shepard, the Supreme Court considered whether the
defendant's prior burglary conviction constituted a "violent
felony" under 18 U.S.C. § 924(e)(1), a provision of the Armed
Career Criminal Act (ACCA). The § 924(e)(1) definition of "violent
felony" is "the same in all material respects" as the U.S.S.G. §
4B1.1 definition of a "crime of violence." United States v. Bell,
966 F.2d 703, 704 (1st Cir. 1992). Given the similarity, "we look
generally to cases pertaining to either provision 'to elucidate the
nature of the categorical inquiry.'" United States v. Delgado, 288
F.3d 49, 53 n.5 (1st Cir. 2002).
-2-
CAMPBELL, Senior Circuit Judge. The defendant appeals
from his sentence, arguing, inter alia, that the sentencing court
erroneously relied on police reports in determining whether he pled
guilty to a prior "crime of violence" qualifying for sentencing
enhancement under the career offender guideline, U.S.S.G. § 4B1.1.
This appeal was briefed and argued shortly before the Supreme Court
handed down its decision in Shepard v. United States, 125 S. Ct.
1254 (2005), holding that a sentencing court may not look to police
reports for this purpose.1 Recognizing that a decision in Shepard
was imminent and would be relevant, this court withheld any
disposition pending the issuance of Shepard. Now that that case
has been decided, we vacate the district court's sentence and
remand to it for resentencing in light of Shepard.
So ordered.

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