[NOT FOR PUBLICATION]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 States Attorney, was on brief for
appellee.
September 18, 1997
Per Curiam. Paul Allen appeals the enhancement to his
Per Curiam.
sentence following his conviction for being a felon in possession
of a firearm in violation of 18 U.S.C. 922(g)(1). The district
court entered a judgment against appellant pursuant to a plea
agreement in which appellant pled guilty to violating section
922(g)(1) and "acknowledge[d] that the provisions of the Armed
Career Criminal Act, 18 U.S.C. 924(e) ('ACCA'), apply to this
case." Accordingly, the district court sentenced appellant to
212 months, which amount includes a sentence enhancement under
the ACCA. We find this sentence enhancement proper.
The ACCA applies when a person who violates section
922(g) has three previous convictions for a violent felony or a
serious drug offense. While the presentence report, which the
district court adopted, improperly characterized the qualifying
crimes under the ACCA as "crimes of violence" rather than
"violent felon[ies]," appellant's earlier admission that he was
subject to an enhancement under the provisions of the ACCA
constitutes an admission that his previous convictions meet the
Act's definitions of "violent felony" or "serious drug offense."
Because appellant has made this admission, he cannot now claim
that the provisions of the ACCA do not apply to him. We also
note in passing that all five of appellant's previous criminal
convictions, considered qualifying prior felonies in the
presentencereport, meetthe statutorydefinitionof "violentfelony."
Affirmed.
Affirmed.
-2-