United States v. Bookman , 197 F. App'x 349 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 7, 2006
Charles R. Fulbruge III
Clerk
No. 05-11053
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
DONOVAN LEMONT BOOKMAN
Defendant - Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:05-CR-15-ALL
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Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.*
PER CURIAM:
Donovan Lemont Bookman appeals the 180-month sentence
imposed following his guilty-plea conviction for being a felon in
possession of a firearm, in violation of 21 U.S.C. § 922(g).
Bookman renews his argument that the district court’s application
of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), was
error because the Government did not prove that his prior
burglary-of-a-habitation convictions occurred on different
occasions with appropriate documentation, citing Shepard v.
*
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this opinion should not be published and is not precedent except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.
United States, 544 U.S. 13 (2005). The Government concedes the
error.
We agree that, because the record does not disclose that the
sequence of Bookman’s prior convictions was established by
Shepard-appropriate material, the ACCA enhancement was error.
See United States v. Fuller, 453 F.3d 274, 279-80 (5th Cir.
2006). Accordingly, the district court ’s judgment is VACATED,
and the case is REMANDED for resentencing. Because we remand for
resentencing on the Shepard violation, we do not address the
remainder of Bookman’s arguments.
JUDGMENT VACATED; REMANDED FOR RESENTENCING.