U.S. v. Erlinger

Dist. Ct. did not err in sentencing defendant to 15-year term of incarceration for unlawful possession of firearm charge, where said sentence was based, in part, on finding that defendant qualified for enhanced sentencing treatment under Armed Career Criminal Act. Ct. of Appeals rejected defendant’s contention that his three Indiana burglary convictions did not qualify as crimes of violence because state statute’s definition of burglary was broader than federal statute’s definition of burglary. It also rejected defendant's claim that instant burglaries, which occurred at different places on April 4, 1991, April 8, 1991 and April 11, 1991, were not committed on separate occasions, and in any event, was not issue that could be resolved by Dist. Ct., since only jury could make such determination.