U.S. v. Goodman, 6th Cir. Mar. 17, 2008
06-5513 U.S. v. Goodman
Before: MOORE, GILMAN, and SUTTON, Circuit Judges.
KAREN NELSON MOORE, Circuit Judge. In this case the defendant, Marvin Goodman (“Goodman”), challenges the district court’s use of a 1993 Tennessee escape conviction for an enhancement to his sentence under the Armed Career Criminal Act (“ACCA”). Although it is possible that a Tennessee court might no longer consider a violation of house arrest to qualify as an escape under Tennessee law, precedent binds us to consider that conviction a violent felony until such time that Goodman can overturn or expunge that conviction. Goodman also challenges the district court’s decision to give him a one-level enhancement for possessing a firearm in connection with a controlled-substance offense. The evidence before the district court did not establish that the firearm was possessed in connection with a controlled-substance offense. We therefore VACATE Goodman’s sentence and REMAND to the district court for resentencing consistent with this opinion. … U.S. v. Goodman.
