United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 24, 2006
Charles R. Fulbruge III
Clerk
No. 05-51087
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL SEAN MEYER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:02-CR-542-1
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Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Michael Sean Meyer appeals his 327-month sentence following
his jury-trial conviction for possession of a firearm by a
convicted felon pursuant to 18 U.S.C. § 922(g)(1). He argues that
the evidence presented in support of the enhancement of his
sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. §
924(e), was not sufficiently reliable to support the district
court’s finding that he had three qualifying predicate offenses
under the ACCA, and his sentence thus was unreasonable.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-51087
-2-
Section 924(e) subjects a defendant convicted under § 922(g)
to a minimum sentence of 15 years if he has three prior convictions
for “a violent felony or a serious drug offense, or both, committed
on occasions different from one another.” § 924(e)(1). The
Government presented no evidence whatsoever to support the fact of
Meyer’s prior convictions as required under Taylor v. United
States, 495 U.S. 575, 601-02 (1990), and Shepard v. United States,
544 U.S. 13, 15-16 (2005). See id.; United States v. Garza-Lopez,
410 F.3d 268, 274 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005);
United States v. Martinez-Cortez, 988 F.2d 1408, 1415 & n.30 (5th
Cir. 1993). Accordingly, Meyer’s sentence is vacated and the case
is remanded for resentencing.
On remand, the district court should order the Government to
supplement the record with documentary evidence authorized under
Taylor and Shepard to aide its determination of whether Meyer’s
prior convictions warrant the ACCA enhancement. See United States
v. Bonilla-Mungia, 422 F.3d 316, 321 (5th Cir.), cert. denied, 126
S. Ct. 819 (2005).
CONVICTION AFFIRMED; SENTENCE VACATED; CASE REMANDED FOR
RESENTENCING; DISTRICT COURT DIRECTED TO ALLOW SUPPLEMENTATION OF
THE RECORD.