SPYCHALA

v.

BORG, WARDEN

Citator

Cited By

• United States v. Payne, 966 F.2d 4 (1st Cir. 1992)
  …for which Payne was convicted did not involve “conduct that presents a serious potential risk of physical injury to another_”, 18 U.S.C. § 924(e)(2)(B)(ii). This court held in United States v. Patterson, 882 F. 2d 595 (1st Cir. 1989), cert. denied, 493 U.S. 1027, 110 S.Ct. 737, 107 L.Ed.2d 755 (1990), that substantive convictions under Mass.Gen.Laws Ann. ch. 266, § 16 (another breaking and entering statute) and § 18 fell within this definition because of the possibility that violence could erupt from a conf…
• United States v. Fiore, 983 F.2d 1 (1st Cir. 1992)
  …of violence ambit. See Payne, 966 F. 2d at 8 & n. 6; United States v. Wilkinson, 926 F. 2d 22, 29 (1st Cir.), cert. denied, — U.S.-, 111 S.Ct. 2813, 115 L.Ed.2d 985 (1991); United States v. Patterson, 882 F. 2d 595, 604 (1st Cir.1989), cert. denied, 493 U.S. 1027, 110 S.Ct. 737, 107 L.Ed.2d 755 (1990). The fact that we made this determination in interpreting the ACCA’s identically worded “otherwise” clause is a distinction without a difference. See United States v. Doe, 960 F. 2d 221, 225 (1st Cir.1992); see…
• United States v. Bregnard, 951 F.2d 457 (1st Cir. 1991)
  …nother. Although the district court judge did not specifically rule on whether the breaking and entering conviction was a proper predicate for the enhancement, he suggested that United States v. Patterson, 882 F. 2d 595 (1st Cir.1989), cert. denied, 493 U.S. 1027, 110 S.Ct. 737, 107 L.Ed.2d 755 (1990), foreclosed the issue and Bregnard’s argument to the contrary. On appeal, Bregnard raises two issues. First, he argues that the district court erred in finding that the government had proved three prior violen…