USCA1 Opinion

[NOT FOR PUBLICATION]

United States Court of Appeals

For the First Circuit
____________________

No. 97-1022

UNITED STATES,

Appellee,

v.

PAUL D. ALLEN,

Defendant - Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Nathaniel M. Gorton, U.S. District Judge]

___________________

____________________

Before

Torruella, Chief Judge,

___________

Coffin, Senior Circuit Judge,

____________________

and Boudin, Circuit Judge.

_____________

_____________________

R. Scott Miller, Jr.,

______________________

by appointment

of

the Court,

for

appellant.

Jeanne M. Kempthorne, Assistant United States Attorney, with

____________________
whom Donald K. Stern, United
________________
appellee.

States Attorney, was on

brief for

____________________

September 18, 1997

____________________

Per Curiam.
Per Curiam.
__________

Paul Allen

appeals the enhancement to his

sentence following his conviction for being a felon in possession

of a firearm in violation of 18 U.S.C.

court

entered a judgment

agreement in

922(g)(1)

case."

212

18 U.S.C.

months, which amount

pursuant to

to violating

the provisions of

924(e) ('ACCA'),

includes a sentence

a plea

section

the Armed

apply to this

appellant to

enhancement under

We find this sentence enhancement proper.

922(g) has three

under

when a person who

violates section

previous convictions for a violent

drug offense.

district court

crimes

The district

district court sentenced

The ACCA applies

serious

pled guilty

and "acknowledge[d] that

Accordingly, the

the ACCA.

against appellant

which appellant

Career Criminal Act,

922(g)(1).

While the presentence

report, which the

adopted, improperly characterized

the

ACCA

as

"crimes of

felony or a

violence"

the qualifying

rather

than

"violent felon[ies],"

subject

to

appellant's earlier admission that

an enhancement

constitutes an admission

Act's

under

the

provisions of

that his previous convictions

he was

the

ACCA

meet the

definitions of "violent felony" or "serious drug offense."

Because appellant

has made this

that

the provisions of

note

in passing that

convictions,

admission, he cannot

the ACCA do

all five of

considered

not apply to him.

now claim

We also

appellant's previous criminal

qualifying

prior

felonies

in

the

presentencereport, meetthe statutorydefinitionof "violentfelony."

Affirmed.
Affirmed.
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